Queanbeyan Local Environmental Plan 1998 (Amendment No 20) (2001-397) [GG No 95 of 8.6.2001, p 3583] (NSW)

2001 No 397

Queanbeyan Local Environmental New South Wales

Plan 1998 (Amendment No 20)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (Q00/00065/PC)

ANDREW REFSHAUGE, M.P.,

Minister for Urban Affairs and Planning

Sydney, 31st May 2001.

Published in Gazette No 95 of 8 June 2001, page 3583	Page 1
[8]
2001 No 397

Clause 1 Queanbeyan Local Environmental Plan 1998 (Amendment No 20)

Queanbeyan Local Environmental Plan 1998

(Amendment No 20)

1     Name of plan

This plan is Queanbeyan Local Environmental Plan 1998 (Amendment

No 20).

2     Aims of plan

(1) This plan aims to repeal and remake the provision 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 Local Government Act 1993.

(2) This plan consequentially establishes possible new categories for operational land, but does not make any change with respect to existing operational land.

3     Land to which plan applies

This plan applies to all public land within the City of Queanbeyan under Queanbeyan Local Environmental Plan 1998.

4 Amendment of Queanbeyan Local Environmental Plan 1998

Queanbeyan Local Environmental Plan 1998 is amended as set out in

Schedule 1.

2001 No 397

Queanbeyan Local Environmental Plan 1998 (Amendment No 20)

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]     Clauses 82, 83

Omit clause 82. Insert instead:

82     Classification and reclassification of public land as community land

The public land described in Schedule 5 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

83     Classification and reclassification of public land as operational land

(1) 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.

(2) Land described in Part 1 of Schedule 6 is land that was classified, or reclassified, as operational land before the application of the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

(3) 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 the case requires, as operational land.

(4) 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

2001 No 397

Queanbeyan Local Environmental Plan 1998 (Amendment No 20)

Schedule 1 Amendments

those specified opposite the land in Column 3 of Part 3 of

Schedule 6.

(5)	In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 6, means the local environmental plan cited at the end of the description of the land.
(6)	Before the relevant amending plan inserted the description of land into Part 3 of Schedule 6, the Governor approved of subclause (4) applying to the land.

[2]     Schedules 5, 6

After Schedule 4, insert:

Schedule 5 Classification and reclassification of

public land as community land (Clause 82)

Schedule 6 Classification and reclassification of

public land as operational land (Clause 83)

Part 1 Land classified, or reclassified, before the

application of amendments made to s. 30 of

LGA 1993

Part of 1 Southbar Road, being part of Lot 548, DP 259942, as shown edged heavy black on the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 3)”.

2 Southbar Road, being Lots 514–518, DP 244051.

Part 2 Interests not changed

2001 No 397

Queanbeyan Local Environmental Plan 1998 (Amendment No 20)

Amendments Schedule 1

Part 3 Interests changed

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

BY AUTHORITY