Richmond Valley (Exempt and Complying Development) Local Environmental Plan 2008 (2008-176) [GG No 66 of 6.6.2008, p 4715] (NSW)
2008 No 176
| New South Wales |
Richmond Valley (Exempt and
Complying Development) Local
Environmental Plan 2008
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. (G07/00007/PC)
FRANK SARTOR, M.P.,
Minister for Planning
| Published in Gazette No 66 of 6 June 2008, page 4715 | Page 1 |
| 2008 No 176 | Richmond Valley (Exempt and Complying Development) Local |
| Clause 1 | Environmental Plan 2008 |
Richmond Valley (Exempt and Complying Development)
Local Environmental Plan 2008
under the
Environmental Planning and Assessment Act 1979
1 Name of plan
This plan is Richmond Valley (Exempt and Complying Development)
Local Environmental Plan 2008.
2 Aims of plan
This aim of this plan is to amend Richmond River Local Environmental Plan 1992 (to the extent that it applies to the Richmond Valley local government area), Casino Local Environmental Plan 1992 and Copmanhurst Local Environmental Plan 1990 (to the extent that it applies to the Richmond Valley local government area) so as:
| (a) | to adopt the exempt and complying development provisions contained in the Standard Instrument for principal local environmental plans, and |
| (b) | to give effect to the Richmond Valley Council Development Control Plan No 13—Exempt and Complying Development (as adopted by the Richmond Valley Council on 20 November 2007). |
3 Land to which plan applies
This plan applies to the whole of the Richmond Valley local government area.
4 Amendment of Richmond River Local Environmental Plan 1992
Richmond River Local Environmental Plan 1992 is amended as set out in Schedule 1.
5 Amendment of Casino Local Environmental Plan 1992
Casino Local Environmental Plan 1992 is amended as set out in
Schedule 2.
6 Amendment of Copmanhurst Local Environmental Plan 1990
Copmanhurst Local Environmental Plan 1990 is amended as set out in
Schedule 3.
| Richmond Valley (Exempt and Complying Development) Local | 2008 No 176 |
| Environmental Plan 2008 |
| Amendment of Richmond River Local Environmental Plan 1992 | Schedule 1 |
| Schedule 1 | Amendment of Richmond River Local Environmental Plan 1992 |
(Clause 4)
[1] Clause 7B Exempt development—Clarence Valley
Insert before clause 7B (1):
| (1A) | This clause only applies in relation to land within the local government area of Clarence Valley. |
[2] Clause 7C Complying development—Clarence Valley
Insert before clause 7C (1):
| (1A) | This clause only applies in relation to land within the local government area of Clarence Valley. |
[3] Clauses 7D–7F
Insert after clause 7C:
|
Note. Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
| (a) | must be of minimal environmental impact, and |
| (b) | cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and |
| (c) | cannot be carried out in a wilderness area (identified under the Wilderness Act 1987). |
| (1) | This clause only applies in relation to land within the local government area of Richmond Valley. |
| (2) | The objective of this clause is to identify development of minimal environmental impact as exempt development. |
| (3) | Development specified in Schedule 1 to the Richmond Valley Council Development Control Plan No 13—Exempt and Complying Development (as adopted by the Richmond Valley Council on 20 November 2007) that meets the standards for the development contained in that Schedule and that complies with the requirements of this clause is exempt development. |
| 2008 No 176 | Richmond Valley (Exempt and Complying Development) Local Environmental Plan 2008 |
| Schedule 1 | Amendment of Richmond River Local Environmental Plan 1992 |
| (4) | To be exempt development, the development: | |||||||||||
| ||||||||||||
| (5) | 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: | |||||||||||
|
| 7E | Complying development—Richmond Valley |
Note. Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development
if:
| (a) | it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or |
| (b) | it is on land within a wilderness area (identified under the Wilderness Act 1987), or |
| (c) | the development is designated development, or |
| (d) | the development is on land that comprises, or on which there is, an item of environmental heritage, or |
| (e) | the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological |
| Richmond Valley (Exempt and Complying Development) Local | 2008 No 176 |
| Environmental Plan 2008 |
| Amendment of Richmond River Local Environmental Plan 1992 | Schedule 1 |
community, or its habitat (identified under the Threatened
Species Conservation Act 1995), or
| (f) | the development is on land identified as an environmentally sensitive area. |
| (1) | This clause only applies in relation to land within the local government area of Richmond Valley. | |||||||
| (2) | The objective of this clause is to identify development as complying development. | |||||||
| (3) | Development specified in Schedule 2 to the Richmond Valley Council Development Control Plan No 13—Exempt and Complying Development (as adopted by the Richmond Valley Council on 20 November 2007) that is carried out in compliance with: | |||||||
| ||||||||
| is complying development. | ||||||||
| (4) | To be complying development, the development: | |||||||
| ||||||||
| (5) | A complying development certificate for development specified in Schedule 2 to the Richmond Valley Council Development Control Plan No 13—Exempt and Complying Development (as adopted by the Richmond Valley Council on 20 November 2007) is subject to the conditions (if any) set out in that Schedule for that development. |
| 7F | Environmentally sensitive areas excluded—Richmond Valley | |
|
| 2008 No 176 | Richmond Valley (Exempt and Complying Development) Local Environmental Plan 2008 |
| Schedule 1 | Amendment of Richmond River Local Environmental Plan 1992 |
| (2) | Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development. | |||||||||||||||||||
| (3) | For the purposes of this clause, environmentally sensitive area for exempt or complying development means any of the following: | |||||||||||||||||||
|
| Richmond Valley (Exempt and Complying Development) Local | 2008 No 176 |
| Environmental Plan 2008 |
| Amendment of Casino Local Environmental Plan 1992 | Schedule 2 |
| Schedule 2 | Amendment of Casino Local Environmental Plan 1992 |
(Clause 5)
Clauses 15A–15C
Omit clause 15A. Insert instead:
| 15A | Exempt development |
Note. Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
| (a) | must be of minimal environmental impact, and |
| (b) | cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and |
| (c) | cannot be carried out in a wilderness area (identified under the Wilderness Act 1987). |
| (1) | The objective of this clause is to identify development of minimal environmental impact as exempt development. | |||||||||
| (2) | Development specified in Schedule 1 to the Richmond Valley Council Development Control Plan No 13—Exempt and Complying Development (as adopted by the Richmond Valley Council on 20 November 2007) that meets the standards for the development contained in that Schedule and that complies with the requirements of this clause is exempt development. | |||||||||
| (3) | To be exempt development, the development: | |||||||||
|
| 2008 No 176 | Richmond Valley (Exempt and Complying Development) Local Environmental Plan 2008 |
| Schedule 2 | Amendment of Casino Local Environmental Plan 1992 |
| (4) | 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: | |||
|
| 15B | Complying development |
Note. Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development
if:
| (a) | it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or |
| (b) | it is on land within a wilderness area (identified under the Wilderness Act 1987), or |
| (c) | the development is designated development, or |
| (d) | the development is on land that comprises, or on which there is, an item of environmental heritage, or |
| (e) | the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995), or |
| (f) | the development is on land identified as an environmentally sensitive area. |
| (1) | The objective of this clause is to identify development as complying development. | |||
| (2) | Development specified in Schedule 2 to the Richmond Valley Council Development Control Plan No 13—Exempt and Complying Development (as adopted by the Richmond Valley Council on 20 November 2007) that is carried out in compliance with: | |||
| ||||
| is complying development. |
| Richmond Valley (Exempt and Complying Development) Local | 2008 No 176 |
| Environmental Plan 2008 |
| Amendment of Casino Local Environmental Plan 1992 | Schedule 2 |
| (3) | To be complying development, the development must: | |||||
| ||||||
| (4) | A complying development certificate for development specified in Schedule 2 to the Richmond Valley Council Development Control Plan No 13—Exempt and Complying Development (as adopted by the Richmond Valley Council on 20 November 2007) is subject to the conditions (if any) set out in that Schedule for that development. |
| 15C | Environmentally sensitive areas excluded | |||
|
| (a) | the coastal waters of the State, |
| (b) | a coastal lake, |
| (c) | land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies, |
| (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, |
| 2008 No 176 | Richmond Valley (Exempt and Complying Development) Local Environmental Plan 2008 |
| Schedule 2 | Amendment of Casino Local Environmental Plan 1992 |
| (h) | land reserved as a state conservation area under the National Parks and Wildlife Act 1974, |
(i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
| (j) | land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994. |
| Richmond Valley (Exempt and Complying Development) Local | 2008 No 176 |
| Environmental Plan 2008 |
| Amendment of Copmanhurst Local Environmental Plan 1990 | Schedule 3 |
| Schedule 3 | Amendment of Copmanhurst Local Environmental Plan 1990 |
(Clause 6)
[1] Clause 5 Interpretation
| Omit the definitions of Development Control Plan No 1 and Development Control Plan No 2 from clause 5 (1). |
[2] Clauses 33–36
Omit clause 33. Insert instead:
|
| (1) | This clause only applies in relation to land within the local government area of Clarence Valley. | |||
| (2) | Development of minimal environmental impact is exempt development if it is listed as exempt development in, and complies with the relevant development standards and other requirements applied to the development by, the applicable exempt and complying development control plan. | |||
| (3) | Development is complying development if: | |||
| ||||
| (c) is not an existing use, as defined in section 106 of the Act. A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in the applicable exempt and complying development control plan as in force when the certificate is issued. | ||||
| (4) |
34 Exempt development—Richmond Valley
Note. Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
| (a) | must be of minimal environmental impact, and |
| 2008 No 176 | Richmond Valley (Exempt and Complying Development) Local Environmental Plan 2008 |
| Schedule 3 | Amendment of Copmanhurst Local Environmental Plan 1990 |
| (b) | cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and |
| (c) | cannot be carried out in a wilderness area (identified under the Wilderness Act 1987). |
| (1) | This clause only applies in relation to land within the local government area of Richmond Valley. | |||||||||
| (2) | The objective of this clause is to identify development of minimal environmental impact as exempt development. | |||||||||
| (3) | Development specified in Schedule 1 to the Richmond Valley Council Development Control Plan No 13—Exempt and Complying Development (as adopted by the Richmond Valley Council on 20 November 2007) that meets the standards for the development contained in that Schedule and that complies with the requirements of this clause is exempt development. | |||||||||
| (4) | To be exempt development, the development: | |||||||||
| ||||||||||
| (5) | 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: | |||||||||
|
| Richmond Valley (Exempt and Complying Development) Local | 2008 No 176 |
| Environmental Plan 2008 |
| Amendment of Copmanhurst Local Environmental Plan 1990 | Schedule 3 |
35 Complying development—Richmond Valley
Note. Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development
if:
| (a) | it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or |
| (b) | it is on land within a wilderness area (identified under the Wilderness Act 1987), or |
| (c) | the development is designated development, or |
| (d) | the development is on land that comprises, or on which there is, an item of environmental heritage, or |
| (e) | the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995), or |
| (f) | the development is on land identified as an environmentally sensitive area. |
| (1) | This clause only applies in relation to land within the local government area of Richmond Valley. | |||
| (2) | The objective of this clause is to identify development as complying development. | |||
| (3) | Development specified in Schedule 2 to the Richmond Valley Council Development Control Plan No 13—Exempt and Complying Development (as adopted by the Richmond Valley Council on 20 November 2007) that is carried out in compliance with: | |||
| ||||
| is complying development. | ||||
| (4) | To be complying development, the development must: | |||
|
| 2008 No 176 | Richmond Valley (Exempt and Complying Development) Local Environmental Plan 2008 |
| Schedule 3 | Amendment of Copmanhurst Local Environmental Plan 1990 |
| (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. |
| (5) | A complying development certificate for development specified in Schedule 2 to the Richmond Valley Council Development Control Plan No 13—Exempt and Complying Development (as adopted by the Richmond Valley Council on 20 November 2007) is subject to the conditions (if any) set out in that Schedule for that development. |
36 Environmentally sensitive areas excluded—Richmond Valley
|
| (a) | the coastal waters of the State, |
| (b) | a coastal lake, |
| (c) | land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies, |
| (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 as a state conservation area under the National Parks and Wildlife Act 1974, |
| Richmond Valley (Exempt and Complying Development) Local | 2008 No 176 |
| Environmental Plan 2008 |
| Amendment of Copmanhurst Local Environmental Plan 1990 | Schedule 3 |
(i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
| (j) | land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994. |
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