Shellharbour Rural Local Environmental Plan 2004 (Amendment No 1) (2005-198) [GG No 61 of 27.5.2005, p 1859] (NSW)

2005 No 198

New South Wales

Shellharbour Rural Local

Environmental Plan 2004 (Amendment

No 1)

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. (W00/00120/PC)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 61 of 27 May 2005, page 1859	Page 1
2005 No 198

Clause 1 Shellharbour Rural Local Environmental Plan 2004 (Amendment No 1)

Shellharbour Rural Local Environmental Plan 2004

(Amendment No 1)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Shellharbour Rural Local Environmental Plan 2004

(Amendment No 1).

2      Aims of the plan

The aims of this plan are:

(a)	to rezone certain land at Dunsters Lane, Croom, in the local government area of Shellharbour City, from the 1 (r1) Rural Landscape Zone to the 1 (x) Extractive Industry Zone under Shellharbour Rural Local Environmental Plan 2004 so as to allow quarrying operations on that land, and
(b)	to require specific adjoining land to be the site of the only quarry haul road used for vehicular access to all of those quarrying operations and for the removal of extractive material from the land on which they are carried out, and
(c)	to require a bund wall along that road for the purpose of reducing the environmental impact of use of that road, and
(d)	to protect adjoining land from any significant adverse environmental impact of the carrying out of the quarrying operations by requiring an adequate bund adjacent to those operations.

3      Land to which plan applies

This plan applies to land at Dunsters Lane, Croom, being the parts of Lots 1 and 2, DP 858245, shown edged with a heavy black broken line on Sheet 1 of the map marked “Shellharbour Rural Local Environmental Plan 2004 (Amendment No 1)” held at the office of Shellharbour City Council.

4 Amendment of Shellharbour Rural Local Environmental Plan 2004

Shellharbour Rural Local Environmental Plan 2004 is amended as set out in Schedule 1.

2005 No 198

Shellharbour Rural Local Environmental Plan 2004 (Amendment No 1)

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]      Clause 23A

Insert after clause 23:

23A Access and buffer for extractive industry at Croom

(1)

To what land does this clause apply?

This clause applies to the following land at Dunsters Lane,

Croom:

(a)	so much of Lot 2, DP 858245, as is identified as “Access Land” and shown edged with a heavy black broken line on Sheet 1 of the map marked “Shellharbour Rural Local Environmental Plan 2004 (Amendment No 1)”, which is referred to in this clause as the access land,
(b)	so much of Lot 1, DP 858245, as is identified as “Buffer Land” and shown edged with a heavy black broken line on Sheet 1 of the map marked “Shellharbour Rural Local Environmental Plan 2004 (Amendment No 1)”, which is referred to in this clause as the buffer land,
(c)	so much of Lot 1, DP 858245, as is within the 1 (x) Extractive Industry Zone, which is referred to in this clause as the extractive operations land.

(2)

What restrictions apply to extractive operations?

Development may be carried out, with development consent, on the access land for the purpose of:

(a)	a quarry haul road servicing extraction and ancillary activities on the extractive operations land, and
(b)	a bund wall screening that road.

(3)

The use of any land other than a road on the access land screened by a bund wall to provide vehicular access to, or egress from, extraction and ancillary activities on the extractive operations land is prohibited.

(4)

Development may be carried out, with development consent, on the buffer land for the purpose of a bund that will reduce the environmental impact on adjoining land of extractive operations carried out on Lot 1, DP 858245.

2005 No 198

Shellharbour Rural Local Environmental Plan 2004 (Amendment No 1)

Schedule 1 Amendments

(5) Consent must not be granted to the carrying out of extractive operations on the extractive operations land unless the consent authority is satisfied that the environmental impact on that adjoining land of those operations will be adequately reduced by a bund on the buffer land.

[2]      Dictionary

Insert at the end of the definition of zoning map:

Shellharbour Rural Local Environmental Plan 2004 (Amendment

No 1)—Sheet 2

BY AUTHORITY