Tweed Local Environmental Plan 2000 (Amendment No 6) (2002-766) [GG No 170 of 11.10.2002, p 8753] (NSW)

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2002 No 766

Tweed Local Environmental Plan 2000

New South Wales

(Amendment No 6)

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. (G00/00127/PC)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 170 of 11 October 2002, page 8753

Page 1

[8]

2002 No 766

Clause 1

Tweed Local Environmental Plan 2000 (Amendment No 6)

Tweed Local Environmental Plan 2000 (Amendment

No 6)

1     Name of plan

This plan is Tweed Local Environmental Plan 2000 (Amendment

No 6).

2     Aims of plan

(1)

This plan aims to reclassify the land to which this plan applies from community land to operational land within the meaning of the Local Government Act 1993.

(2)

This plan also aims to make further provision 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 Local Government Act 1993.

3     Land to which plan applies

This plan applies to certain land in Banora Point, Bogangar, Bray Park, Byrrill Creek, Kingscliff, Murwillumbah, Pottsville, Terranora, Tweed Heads South and Tweed Heads West, as shown cross-hatched and edged heavy black on Sheets 1–5 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)” deposited in the office of Tweed Shire Council.

4 Amendment of Tweed Local Environmental Plan 2000

Tweed Local Environmental Plan 2000 is amended as set out in

Schedule 1.

Page 2

2002 No 766

Tweed Local Environmental Plan 2000 (Amendment No 6)

Amendments

Schedule 1

Schedule 1

Amendments

(Clause 4)

[1]     Clause 55 Classification or reclassification of public land

Omit clause 55 (2). Insert instead:

(2)

The public land described in Part 1 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(3)

The public land described in Parts 2 and 3 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to subclauses (4)–(7).

(4)

Land described in Part 2 of Schedule 4:

(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.

(5)

Land described in Columns 1 and 2 of Part 3 of Schedule 4, 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 4.

(6)

In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 4, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

(7)

Before the relevant amending plan inserted the description of land into Part 3 of Schedule 4, the Governor approved of subclause (5) applying to the land.

Page 3

2002 No 766

Tweed Local Environmental Plan 2000 (Amendment No 6)

Schedule 1

Amendments

[2]     Schedule 4

Omit Schedule 4. Insert instead:

Schedule 4 Classification or reclassification of

public land

(Clause 55)

Part 1 Community land

Part 2 Operational land—interests not changed

Banora Point

Avondale Drive

Lot 633, DP 869542, as shown cross-hatched and edged heavy black on Sheet 1 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.

Darlington Drive

Lot 1, DP 623932, as shown cross-hatched and edged heavy

black on Sheet 1 of the map marked “Tweed Local

Environmental Plan 2000 (Amendment No 6)”.

Donegal Court

Lot 757, DP 850786, as shown cross-hatched and edged heavy black on Sheet 1 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.

Fraser Drive

Lots 2 and 3, DP 591548, Lot 482, DP 591546, Lot 2,

DP 591547, Lot 14, DP 746154 and Lot 15, DP 846287, as

shown cross-hatched and edged heavy black on Sheet 1 of

the map marked “Tweed Local Environmental Plan 2000

(Amendment No 6)”.

Greenway Drive

Lot 128, DP 817783, as shown cross-hatched and edged heavy black on Sheet 1 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.

Bogangar

Hastings Road

Lot 2, DP 831562, as shown cross-hatched and edged heavy

black on Sheet 3 of the map marked “Tweed Local

Environmental Plan 2000 (Amendment No 6)”.

Page 4

2002 No 766

Tweed Local Environmental Plan 2000 (Amendment No 6)

Amendments

Schedule 1

Bray Park

Elouera Terrace

Lot 93, DP 621415, as shown cross-hatched and edged heavy

black on Sheet 4 of the map marked “Tweed Local

Environmental Plan 2000 (Amendment No 6)”.

Byrrill Creek

Byrrill Creek Road

Lot C, DP 381297, as shown cross-hatched and edged heavy

black on Sheet 5 of the map marked “Tweed Local

Environmental Plan 2000 (Amendment No 6)”.

Kingscliff

Faulks Street

Lot 113, DP 240966 and Lot 115, DP 241663, as shown

cross-hatched and edged heavy black on Sheet 3 of the map

marked “Tweed Local Environmental Plan 2000

(Amendment No 6)”.

Murwillumbah

Alma Street

Lots 2 and 3, DP 779815, as shown cross-hatched and edged

heavy black on Sheet 4 of the map marked “Tweed Local

Environmental Plan 2000 (Amendment No 6)”.

Church Street

Part of Lot 1, DP 863851, as shown cross-hatched and edged

heavy black on Sheet 4 of the map marked “Tweed Local

Environmental Plan 2000 (Amendment No 6)”.

Hartigan Street

Lot 1, Section 32, DP 9506, as shown cross-hatched and edged heavy black on Sheet 4 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.

York Street

Lot 45, DP 24583, as shown cross-hatched and edged heavy

black on Sheet 4 of the map marked “Tweed Local

Environmental Plan 2000 (Amendment No 6)”.

Pottsville

Coast Road

Lot 1, DP 589881, as shown cross-hatched and edged heavy

black on Sheet 3 of the map marked “Tweed Local

Environmental Plan 2000 (Amendment No 6)”.

Terranora

Eliza Fraser Court

Lots 320, 326, 349 and 350, DP 860725, as shown cross-

hatched and edged heavy black on Sheet 1 of the map

marked “Tweed Local Environmental Plan 2000

(Amendment No 6)”.

Tweed Heads

South

Chardonnay Crescent

Lot 126, DP 836272, as shown cross-hatched and edged heavy black on Sheet 1 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.

Dry Dock Road

Lot 401, DP 755740, as shown cross-hatched and edged heavy black on Sheet 2 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.

Page 5

2002 No 766

Tweed Local Environmental Plan 2000 (Amendment No 6)

Schedule 1

Amendments

Vintage Lakes Drive

Lot 708, DP 841011, as shown cross-hatched and edged heavy black on Sheet 1 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.

Tweed Heads

West

Blue Water Crescent

Lot 109, DP 238224, as shown cross-hatched and edged heavy black on Sheet 2 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.

Jacaranda Avenue

Lot 365, DP 30960 and Lot 488, DP 30961, as shown cross-

hatched and edged heavy black on Sheet 2 of the map

marked “Tweed Local Environmental Plan 2000

(Amendment No 6)”.

Kiata Parade

Lot 87, DP 866281, as shown cross-hatched and edged heavy

black on Sheet 2 of the map marked “Tweed Local

Environmental Plan 2000 (Amendment No 6)”.

Piggabeen Road

Lot 1, DP 622561 and Lot 4, DP 837715, as shown cross-

hatched and edged heavy black on Sheet 2 of the map

marked “Tweed Local Environmental Plan 2000

(Amendment No 6)”.

Part 3 Operational land—interests changed

Column 1

Column 2

Column 3

Locality

Description

Trust etc not discharged

BY AUTHORITY

Page 6

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