Rockdale Local Environmental Plan 2000 (Amendment No 10) (2001-985) [GG No 190 of 14.12.2001, p 10023] (NSW)

2001 No 985

Rockdale Local EnvironmentalNew South Wales

Plan 2000 (Amendment No 10)

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. (S00/01849/S69)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 190 of 14 December 2001, page 10023	Page 1
[4]
2001 No 985

Clause 1 Rockdale Local Environmental Plan 2000 (Amendment No 10)

Rockdale Local Environmental Plan 2000

(Amendment No 10)

1 Name of plan

This plan is Rockdale Local Environmental Plan 2000 (Amendment

No 10).

2 Aims of plan

This plan aims to amend clause 15 of Rockdale Local Environmental

Plan 2000, relating to the preservation of trees:

(a)	to allow for the issue of a permit for the lopping, removal etc of a tree (other than a tree that is a heritage item or that is in a heritage conservation area or in the vicinity of a heritage item) as an alternative to requiring the granting of development consent, and
(b)	to make it clear that the lopping, removal etc of a tree (other than a tree that is a heritage item or that is in a heritage conservation area) is not advertised development and that an application for a permit or consent to authorise it need not be notified.

3 Land to which plan applies

This plan applies to all land within the City of Rockdale local government area to which Rockdale Local Environmental Plan 2000 applies.

4 Relationship to other environmental planning instruments

This plan amends Rockdale Local Environmental Plan 2000 in the manner set out in clause 5.

2001 No 985

Rockdale Local Environmental Plan 2000 (Amendment No 10) Clause 5

5 Amendment of Rockdale Local Environmental Plan 2000

Rockdale Local Environmental Plan 2000 is amended:

(a)	by omitting clause 15 (5) and inserting instead:
(5) Subclause (4) does not apply where:

(a)	it can be demonstrated to the satisfaction of the consent authority that the tree is dying or dead or has become dangerous, or
(b)	the tree is dealt with in accordance with a permit granted by the Council.

(b)	by inserting after clause 15 (6):
(7) A permit under subclause (5) can not allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree:

(a)	that is a heritage item or forms part of a heritage item, or
(b)	that is situated on land in the vicinity of a heritage item, or
(c)	that is within a heritage conservation area.

(8)

The ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree is advertised development if:

(a)	the tree is a heritage item, forms part of a heritage item or is within a heritage conservation area, and
(b)	in the opinion of the consent authority, the ringbarking, cutting down, topping, lopping, removal, injuring or destruction of the tree will adversely affect the heritage significance of the heritage item or heritage conservation area.

In any other case, the ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree is not advertised development and an application for consent or a permit to allow it need not be notified.

BY AUTHORITY