South Sydney Local Environmental Plan 1998 (Amendment No 22) (2012-419) LW 24 August 2012 (NSW)

2012 No 419

New South Wales

South Sydney Local Environmental

Plan 1998 (Amendment No 22)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning and Infrastructure, make the following local environmental plan under the Environmental Planning and Assessment Act 1979.

SAM HADDAD

As delegate for the Minister for Planning and Infrastructure

Published LW 24 August 2012	Page 1
2012 No 419

Clause 1 South Sydney Local Environmental Plan 1998 (Amendment No 22)

South Sydney Local Environmental Plan 1998

(Amendment No 22)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is South Sydney Local Environmental Plan 1998 (Amendment

No 22).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to the following land at Redfern:

(a)	Lot 1, DP 779120, 91 Eveleigh Street,
(b)	Lots A and B, DP 439127, 93 and 95 Eveleigh Street,
(c)	Lot 1, DP 797845, 97 Eveleigh Street,
(d)	Lot 1, DP 194785, 99 Eveleigh Street,
(e)	Lot 5, DP 230305, 119 Eveleigh Street,
(f)	Lot 1, DP 995857. 121 Eveleigh Street.

2012 No 419

South Sydney Local Environmental Plan 1998 (Amendment No 22)

Amendment of South Sydney Local Environmental Plan 1998 Schedule 1

Schedule 1

Amendment of South Sydney Local

Environmental Plan 1998

[1]      Clause 56A

Insert after clause 56:

56A Classification and reclassification of public land

(1)

The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note. Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this plan to discharge trusts on which public reserves are held if the land is reclassified under this plan as operational land.

(2)

The public land described in Part 1 or Part 2 of Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3)

The public land described in Part 3 of Schedule 6 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4)

The public land described in Part 1 of Schedule 6:

(a)	does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)	continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5)

The public land described in Part 2 of Schedule 6, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:

(a)	those (if any) specified for the land in Column 3 of Part 2 of Schedule 6, and
(b)	any reservations that except land out of the Crown grant relating to the land, and

2012 No 419

South Sydney Local Environmental Plan 1998 (Amendment No 22)

Schedule 1 Amendment of South Sydney Local Environmental Plan 1998

(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).

Note. In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 6.

[2]      Schedule 6

Insert after Schedule 5:

Schedule 6

Classification and reclassification of

public land

(Clause 56A)

Part 1

Land classified, or reclassified, as

operational land—no interests changed

Column 1	Column 2
Locality	Description
Nil

Part 2

Land classified, or reclassified, as

operational land—interests changed

Column 1	Column 2	Column 3
Locality	Description	Any trusts etc not discharged
Redfern, 91 Eveleigh Street	Lot 1, DP 779120	Nil
Redfern, 93 Eveleigh Street	Lot A, DP 439127	Nil
Redfern, 95 Eveleigh Street	Lot B, DP 439127	Nil
Redfern, 97 Eveleigh Street	Lot 1, DP 797845	Nil
Redfern, 99 Eveleigh Street	Lot 1, DP 194785	Nil
Redfern, 119 Eveleigh Street	Lot 5, DP 230305	Nil
Redfern, 121 Eveleigh Street	Lot 1, DP 995857	Nil

2012 No 419

South Sydney Local Environmental Plan 1998 (Amendment No 22)

Amendment of South Sydney Local Environmental Plan 1998 Schedule 1

Part 3

Land classified, or reclassified, as

community land

Column 1	Column 2
Locality	Description
Nil