Tweed Local Environmental Plan 2014 (Amendment No 28) (2020-234) LW 29 May 2020 (NSW)

New South Wales

Tweed Local Environmental Plan 2014

(Amendment No 28)

under the

Environmental Planning and Assessment Act 1979

The following local environmental plan is made by the local plan-making authority under the

Environmental Planning and Assessment Act 1979.

TROY GREEN, GENERAL MANAGER

TWEED SHIRE COUNCIL

As delegate for the local plan-making authority

Tweed Local Environmental Plan 2014 (Amendment No 28) [NSW]

Tweed Local Environmental Plan 2014 (Amendment No 28)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Tweed Local Environmental Plan 2014 (Amendment No 28).

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 land to which Tweed Local Environmental Plan 2014 applies.

Tweed Local Environmental Plan 2014 (Amendment No 28) [NSW] Schedule 1 Amendment of Tweed Local Environmental Plan 2014

Schedule 1

Amendment of Tweed Local Environmental Plan

2014

[1]      Clause 1.8A Savings provision relating to development applications

Insert at the end of the clause—

(2)	If a development application has been made under clause 7.15 before the commencement of Tweed Local Environmental Plan 2014 (Amendment No
28) and the application has not been finally determined before that
commencement, the application must be determined as if Tweed Local
Environmental Plan 2014 (Amendment No 28) had not commenced.

[2]      Clause 7.15

Omit the clause. Insert instead—

7.15 Industry—groundwater extraction, etc

(1)

This clause applies to development for the purpose of industry, being a building or place at which groundwater is extracted, handled, treated, processed, stored or packed for commercial purposes.

(2)

Development to which this clause applies is prohibited on land to which this

Plan applies, except for the following land—

(a)	Lot 1, DP 735658, being land at 477 Urliup Road, Urliup,
(b)	Lots 1 and 2, DP 883113, being land at 2574 Kyogle Road, Kunghur,
(c)	Lot 121, DP 1111869, being land at 101 Bryens Road, Nobbys Creek,
(d)	Lot 5, DP 1206755, being land at 10–20 Edwards Lane, Kynnumboon,
(e)	Lot 1, DP 593157, being land at 64 Geles Road, Upper Burringbar,
(f)	Lot 3, DP 815475, being land at 350 Rowlands Creek Road, Rowlands Creek.

(3)

Before granting consent to development to which this clause applies, the

consent authority must—

(a) consider any impact of the proposed development on—

(i)      natural water systems, and

(ii)      the potential agricultural use of land, and

(iii)      groundwater dependent ecosystems, and

(b) be satisfied that the proposed development incorporates appropriate measures to avoid, minimise or mitigate any impact set out in paragraph (a).