Pittwater Local Environmental Plan 1993 (Amendment No 96) (2013-9) LW 18 January 2013 (NSW)

2013 No 9

New South Wales

Pittwater Local Environmental Plan

1993 (Amendment No 96)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning and Infrastructure, make the following local environmental plan under the Environmental Planning and Assessment Act 1979.

SAM HADDAD

As delegate for the Minister for Planning and Infrastructure

Published LW 18 January 2013	Page 1
2013 No 9

Clause 1 Pittwater Local Environmental Plan 1993 (Amendment No 96)

Pittwater Local Environmental Plan 1993 (Amendment

No 96)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Pittwater Local Environmental Plan 1993 (Amendment

No 96).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to the land to which Pittwater Local Environmental

Plan 1993 applies.

2013 No 9

Pittwater Local Environmental Plan 1993 (Amendment No 96)

Amendment of Pittwater Local Environmental Plan 1993 Schedule 1

Schedule 1

Amendment of Pittwater Local

Environmental Plan 1993

[1]      Clause 6 Model Provisions

Insert “8,” after “5 (5),” in clause 6 (1) (b).

[2]      Clause 6 (2) (a1)

Omit the paragraph.

[3]      Part 3, Division 8, heading

Omit “Heritage conservation”. Insert instead “Conservation”.

[4]      Clause 33

Insert after clause 32:

33 Preservation of trees or vegetation

(1)

The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation.

(2)

This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.

Note. A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.

(3)

A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:

(a)	development consent, or
(b)	a permit granted by the Council.

(4)

The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.

(5)

This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna (within the meaning of the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006).

2013 No 9

Pittwater Local Environmental Plan 1993 (Amendment No 96)

Schedule 1 Amendment of Pittwater Local Environmental Plan 1993

(6)

This clause does not apply to a tree or other vegetation that the

Council is satisfied is a risk to human life or property.

(7)

A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:

(a)	that is or forms part of a heritage item or that is within a heritage conservation area, or
(b)	that is or forms part of an Aboriginal object or that is within a place of Aboriginal heritage significance,

unless the Council is satisfied that the proposed activity:

(c)	is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, place of Aboriginal heritage significance or heritage conservation area, and
(d)	would not adversely affect the heritage significance of the heritage item, Aboriginal object, place of Aboriginal heritage significance or heritage conservation area.

Note. As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 32 will be applicable to any such consent.

(8)

This clause does not apply to or in respect of:

(a) the clearing of native vegetation (within the meaning of the Native Vegetation Act 2003):

(i)      that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003, or

(ii)      that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

(b)	the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or
(c)	trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(d)	action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying and Spatial Information Act 2002, or
(e)	plants declared to be noxious weeds under the Noxious Weeds Act 1993.

2013 No 9

Pittwater Local Environmental Plan 1993 (Amendment No 96)

Amendment of Pittwater Local Environmental Plan 1993 Schedule 1

Note. Permissibility may be a matter that is determined by or under any of these Acts.

[5]      Clause 41 Preservation of trees

Omit the clause.