Ryde Local Environmental Plan No 97 (2002-657) [GG No 135 of 30.8.2002, p 7725] (NSW)
2002 No 657
| Ryde Local Environmental Plan No 97 | New South Wales |
| 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. (S98/00948/S69)
ANDREW REFSHAUGE, M.P.,
Minister for Planning
| Published in Gazette No 135 of 30 August 2002, page 7725 | Page 1 |
| [8] | |
| 2002 No 657 |
| Clause 1 | Ryde Local Environmental Plan No 97 |
Ryde Local Environmental Plan No 97
1 Name of plan
This plan is Ryde Local Environmental Plan No 97.
2 Aims of plan
(1) This plan aims:
| (a) | reclassify the land to which this plan applies from community land to operational land within the meaning of the Local Government Act 1993 (the 1993 Act), and |
| (b) | to rezone the land to Zone No 2 (a) Residential “A” under the Ryde Planning Scheme Ordinance (the Ordinance). |
(2) This plan incidentally makes more extensive provisions in the Ordinance 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 1993 Act.
3 Land to which plan applies
This plan applies to land situated in the City of Ryde, being part of Lot 35, DP 236893, and known as part of Kittys Creek Reserve, East Ryde, as shown edged heavy black on Sheet 2 of the map marked “Ryde Local Environmental Plan No 97” deposited in the office of Ryde City Council.
4 Amendment of Ryde Planning Scheme Ordinance
The Ryde Planning Scheme Ordinance is amended as set out in
Schedule 1.
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2002 No 657
Ryde Local Environmental Plan No 97
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 4)
[1] Clause 3 Interpretation
Insert in appropriate order in the definition of scheme map in clause 3 (1):
Ryde Local Environmental Plan No 97—Sheet 1
[2] Clause 72MA
Omit the clause. Insert instead:
| 72MA | Classification and reclassification of public land as operational land | |||
| (1) The public land described in Schedule 13 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause. | ||||
|
| (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 operational land. |
| (4) | Land described in Columns 1 and 2 of Part 3 of Schedule 13, 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 those (if any) specified opposite the land in Column 3 of Part 3 of Schedule 13. |
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2002 No 657
Ryde Local Environmental Plan No 97
| Schedule 1 | Amendments |
| (5) | In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 13, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan. |
| (6) | Before the relevant amending plan inserted the description of land into Part 3 of Schedule 13, the Governor approved of subclause (4) applying to the land. |
[3] Schedule13Classificationandreclassificationofpubliclandas operational land
Insert after the new heading to the Schedule:
Part 1 Land classified, or reclassified, under
original section 30 of Local Government
Act 1993
[4] Schedule 13, Parts 2 and 3
Insert at the end of the Schedule the following Parts:
Part 2 Land classified, or reclassified, under
amended section 30 of Local Government
Act 1993—interests not changed
| Column 1 | Column 2 |
| Locality | Description |
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2002 No 657
Ryde Local Environmental Plan No 97
| Amendments | Schedule 1 |
Part 3 Land classified, or reclassified, under
amended section 30 of Local Government
Act 1993—interests changed
| Column 1 | Column 2 | Column 3 |
| Locality | Description | Trusts etc not discharged |
| East Ryde | ||
| Part of Kittys Creek | Part of Lot 35, DP | Nil. |
| Reserve | 236893, as shown edged heavy black on Sheet 1 of the map marked “Ryde Local Environmental Plan No 97” deposited in the office of the Council. |
BY AUTHORITY
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