Port Stephens Local Environmental Plan 2000 (Amendment No 12) (2003-560) [GG No 126 of 15.8.2003, p 7965] (NSW)

2003 No 560

New South Wales

Port Stephens Local Environmental

Plan 2000 (Amendment No 12)

under the

Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (N02/00317/S69)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 126 of 15 August 2003, page 7965	Page 1
2003 No 560

Clause 1 Port Stephens Local Environmental Plan 2000 (Amendment No 12)

Port Stephens Local Environmental Plan 2000

(Amendment No 12)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Port Stephens Local Environmental Plan 2000

(Amendment No 12).

2      Aims of plan

This plan aims:

(a)	todefinerestrictedpremisesforthepurposesofPort Stephens Local Environmental Plan 2000 (the principal plan), and
(b)	to prohibit development for the purpose of restricted premises in all zones under that plan except Zones Nos 3 (a) Business General “A” Zone, 5 (g) Special Urban (Flood Affected Zone) and 7 (w) Environment Protection “W” (Waterways) Zone (where such development is allowed only with the consent of the Council of Port Stephens), and
(c)	to update a reference to a development control plan in clause 49 of the principal plan.

3      Land to which plan applies

This plan applies to all land to which Port Stephens Local

Environmental Plan 2000 applies.

4 Amendment of Port Stephens Local Environmental Plan 2000

Port Stephens Local Environmental Plan 2000 is amended as set out in Schedule 1.

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2003 No 560

Port Stephens Local Environmental Plan 2000 (Amendment No 12)

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 4)

[1]      Clauses 11, 16 and 23

Insert in alphabetical order in Item 5 of the matters relating to Zones Nos 1 (a) (in the development control table to clause 11), 2 (a) and 2 (c) (in the development control table to clause 16), and 4 (a) (in the development control table to clause 23):

• restricted premises,

[2]      Clause 49 What is exempt and complying development?

Omit “Development Control Plan No 53 as adopted by the Council on 26

May 2000” wherever occurring.

Insert instead “Development Control Plan PS8—Guidelines for Exempt and Complying Development as adopted by the Council on 24 February 2003”.

[3]      Clause 49 (4)

Omit “Development Control Plan No 53”.

Insert instead “Development Control Plan PS8—Guidelines for Exempt and Complying Development”.

[4]     Dictionary

Insert in alphabetical order:

restricted premises means a building or place at which:

(a)	publicationsclassifiedCategory1restrictedor Category 2 restricted under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown exhibited, displayed, sold or otherwise rendered accessible or available to the public, or
(b)	a business to which section 578E of the Crimes Act 1900 applies is conducted,

but does not include a newsagency or pharmacy.

BY AUTHORITY

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