State Environmental Planning Policy No 30—Cattle Feedlots (Amendment No 1) (1993-393) [GG No 91 of 20.8.1993] (NSW)

1993—No. 393

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

STATE ENVIRONMENTAL PLANNING POLICY No. 30—

CATTLE FEEDLOTS (AMENDMENT No. 1)

NEW SOUTH WALES

[Published in Gazette No. 91 of 20 August 1993]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Environmental Planning and Assessment Act 1979, has been pleased to make the State Environmental Planning Policy set forth hereunder in accordance with the recommendation of the Minister for Planning.

ROBERT WEBSTER

Minister for Planning.

Sydney, 5 August, 1993.

Citation

1. This Policy may be cited as State Environmental Planning Policy

No. 30—Cattle Feedlots (Amendment No. 1).

Principal Policy

2. In this Policy, State Environmental Planning Policy No. 30—Cattle

Feedlots is referred to as the Principal Policy.

Aims, objectives etc.

3. This Policy aims to amend the Principal Policy:

(a) to require development consent for cattle feedlots having a capacity to accommodate 50 or more head of cattle; and

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(b)	to provide for public participation in the consideration of development applications for cattle feedlots with a capacity to accommodate 50 or more but not more than 1,000 head of cattle by applying sections 84, 85, 86 and 87 (1) of the Environmental Planning and Assessment Act 1979 to and in respect of such applications; and
(c)	to ensure that, in determining a development application of the kind referred to in paragraph (b), the consent authority takes into account measures to prevent water and air pollution and soil degradation and planning considerations relevant to the welfare of animals.

Application of Policy

4. This Policy applies to the State.

Relationship to other environmental planning instruments

5. The Principal Policy is amended in the manner set out in clause 6.

Amendment of Principal Policy

The Principal Policy is amended:

(a) by omitting clause 2 and by inserting instead the following clause: Aims, objectives etc.

2. The aims of this Policy are:

(a)	to require development consent for cattle feedlots having a capacity to accommodate 50 OB more head of cattle; and
(b)	to provide for public participation in the consideration of development applications for cattle feedlots with a capacity to accommodate 50 or more but not more than 1,000 head of cattle by applying sections 84, 85, 86 and 87 (1) of the Environmental Planning and Assessment Act 1979 to and in respect of such applications; and
(c)	to ensure that, in determining a development application of the kind referred to in paragraph (b), the consent authority takes into account measures to prevent water and air pollution and soil degradation and planning considerations relevant to the welfare of animals,

so as to achieve consistency within the State in planning controls

in respect of that development.

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(b)

by omitting clause 6 and by inserting instead the following Development for the purpose of cattle feedlots

6. (1) A person must not carry out development for the purpose of a cattle feedlot having a capacity to accommodate 50 or more head of cattle, except with the consent of the consent authority.

(2) This clause does not apply to development for the purpose of a cattle feedlot if the feedlot is only to be used for one or more of the following:

(a) weaning, dipping or similar husbandry purposes;

(b) temporary agistment ;

(c) feeding arrangements during or immediately following a drought, flood, fire or similar emergency.

(3) Nothing in this Policy authorises the carrying out of development on land for the purpose of a cattle feedlot if that development is prohibited from being carried out on that land by another environmental planning instrument.

Consideration of development application for certain feedlots

7. (1) This clause applies to development for the purpose of cattle feedlots with a capacity to accommodate 50 or more but not more than 1,000 head of cattle.

(2) The consent authority must not grant consent to development to which this clause applies unless it has considered an environmental impact report that includes a description of the design features of the proposed feedlot and an outline of proposed management practices intended:

to minimise the adverse impact of odours on the amenity of residences on land within the vicinity of the proposed feedlot and on uses of that land otherwise than for the purposes of residences; and

to prevent the pollution of surface water and ground water;

and

to prevent the degradation of soils; and

to ensure animal health and welfare.

(3) The provisions of sections 84, 85, 86 and 87 (1) of the Environmental Planning and Assessment Act 1979 apply to and in respect of development to which this clause applies in the same way as those provisions apply to and in respect of designated development.

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(4) In determining whether or not to grant consent to a development application to which this clause applies, the consent authority must take into consideration:

(a)	the adequacy of the information provided in the environmental impact report; and
(b)	the consistency of the proposal with the planning aspects of the guidelines for the establishment and operation of cattle feedlots set out:

• in the publication entitled “The Feedlot Manual” prepared in June 1990 and published by the Department of Agriculture; or

• in any other publication of the Department of Agriculture published in substitution for that manual and approved for the time being by the Director.