Wollongong Local Environmental Plan 2009 (NSW)

Part 1Preliminary1.1Name of Plan

This Plan is Wollongong Local Environmental Plan 2009.

1.1AACommencement

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

1.1A

(Repealed)

cl 1.1A: Rep 2010 (162), Sch 1.7 [1].

1.2Aims of Plan(1)

This Plan aims to make local environmental planning provisions for land in Wollongong in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)

The particular aims of this Plan are as follows—

(aa)
to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a)
to provide a framework for land use management,
(b)
to encourage economic and business development to increase employment opportunities,
(c)
to encourage a range of housing choices consistent with the capacity of the land,
(d)
to improve the quality of life and the social well-being and amenity of residents, business operators, workers and visitors,
(e)
to conserve and enhance remnant terrestrial, aquatic and riparian habitats, native vegetation and fauna species,
(f)
to conserve and enhance heritage,
(g)
to ensure that development is consistent with the constraints of the land and can be appropriately serviced by infrastructure,
(h)
to ensure that significant landscapes are conserved, including the Illawarra Escarpment, Lake Illawarra, the drinking water catchment and the coastline.

1.3Land to which Plan applies(1)

This Plan applies to the land identified on the Land Application Map.

(1A)

Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.

cl 1.3: Am 2014 (351), Sch 1 [1].

1.4Definitions

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

1.5Notes

Notes in this Plan are provided for guidance and do not form part of this Plan.

1.6Consent authority

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

1.7Maps(1)

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

(a)
approved by the local plan-making authority when the map is adopted, and
(b)
as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(1AA)

(Repealed)

(2)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note.

The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

1.8Repeal of planning instruments applying to land(1)

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note.

The following local environmental plans are repealed under this provision—

(a)
Illawarra Planning Scheme Ordinance,
(b)
Wollongong City Centre Local Environmental Plan 2007,
(c)
Wollongong Local Environmental Plan (West Dapto) 2010.

(2)

All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

cl 1.8: Am 2010 (162), Sch 1.7 [2] [3]; 2014 (351), Sch 1 [2].

1.8ASavings provision relating to development applications(1)

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not finally been determined before that commencement, the application must be determined as if this Plan had not commenced.

(2)

A development application made (but not finally determined) before the commencement of Wollongong Local Environmental Plan 2009 (Amendment No 19) is to be determined as if that Plan had not been made.

(3)

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.

cl 1.8A: Am 2015 (280), cl 5 (1); 2023 (609), Sch 1.1[1].

1.9Application of SEPPs(1)

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

(2)

The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

(2A)

State Environmental Planning Policy No 71—Coastal Protection does not apply to land within the Wollongong city centre.

cl 1.9: Am 2016 (310), Sch 4.39.

1.9ASuspension of covenants, agreements and instruments(1)

For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)

This clause does not apply—

(a)
to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)
to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c)
to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)
to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)
to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)
to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g)
to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act, or
(h)
to any land vested in the Lake Illawarra Authority under the Lake Illawarra Authority Act 1987.

(3)

This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)

Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

cl 1.9A: Am 2011 (363), Sch 29 [1]; 2019 (621), Sch 5[2]–[4].

Part 2Permitted or prohibited development2.1Land use zones

The land use zones under this Plan are as follows—

•Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU4 Primary Production Small Lots
•Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
R5 Large Lot Residential
•Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
•Mixed Use Zones
MU1 Mixed Use
•Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
•Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
•Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
•Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
W4 Working Waterfront

cl 2.1: Am 2022 (857), Sch 1.10[1] [2].

cl 2.6BB: Ins 2010 (162), Sch 1.7 [4].

2.2Zoning of land to which Plan applies

For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.

2.3Zone objectives and Land Use Table(1)

The Land Use Table at the end of this Part specifies for each zone—

(a)
the objectives for development, and
(b)
development that may be carried out without development consent, and
(c)
development that may be carried out only with development consent, and
(d)
development that is prohibited.

(2)

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

(3)

In the Land Use Table at the end of this Part—

(a)
a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)
a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.

(4)

This clause is subject to the other provisions of this Plan.

Notes.

Schedule 1 sets out additional permitted uses for particular land.

Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.

Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).

Clause 2.6 requires consent for subdivision of land.

Part 5 contains other provisions which require consent for particular development.

2.4Unzoned land(1)

Development may be carried out on unzoned land only with development consent.

(2)

In deciding whether to grant development consent, the consent authority—

(a)
must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)
must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5Additional permitted uses for particular land(1)

Development on particular land that is described or referred to in Schedule 1 may be carried out—

(a)
with development consent, or
(b)
if the Schedule so provides—without development consent,

in accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2)

This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

2.6Subdivision—consent requirements(1)

Land to which this Plan applies may be subdivided, but only with development consent.

Notes.

If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

(2)

Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note.

The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

2.6A, 2.6B

(Repealed)

cll 2.6A, 2.6B: Rep 2010 (162), Sch 1.7 [1].

2.7Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note.

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

2.8Temporary use of land(1)

The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)

Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent authority is satisfied that—

(a)
the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)
the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)
the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)
at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)

Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)

Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

2.9Canal estate development prohibited(1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this Plan, canal estate development means development that involves—

(a)
a constructed canal, or other waterway or waterbody, that—
- (i)
  is inundated by surface water or groundwater movement, or
- (ii)
  drains to a waterway or waterbody by surface water or groundwater movement, and
(b)
the erection of a dwelling, and
(c)
one or both of the following—
- (i)
  the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
- (ii)
  excavation to create a waterway.

(3)

Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—

(a)
carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b)
limited to the minimum reasonable size and capacity.

(4)

In this clause—

flood planning area has the same meaning as in clause 5.21.

Land Use TableNote—

State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—

•
State Environmental Planning Policy (Housing) 2021
•
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
•
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
•
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
•
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
•
State Environmental Planning Policy (Primary Production) 2021, Chapter 2

Land Use tbl: Am 2010 (162), Sch 1.7 [5]; 2011 (28), Sch 1.10 [1]; 2011 (363), Sch 29 [2]–[29]; 2012 (25), Sch 1 [1]; 2013 (586), cl 4; 2014 No 74, Sch 3.53; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 No 1, Sch 2.42 [1] [2]; 2019 (621), Sch 3; 2021 (193), cl 4(1)–(4); 2022 (72), Sch 1.68[1]; 2022 (629), Sch 3.27[1]; 2022 (857), Sch 1.10[3] (am 2023 (82), Sch 1.6[19] [20]) [4].

Zone RU1Primary Production1Objectives of zone

•
To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•
To encourage diversity in primary industry enterprises and systems appropriate for the area.
•
To minimise the fragmentation and alienation of resource lands.
•
To minimise conflict between land uses within this zone and land uses within adjoining zones.

2Permitted without consent

Building identification signs; Extensive agriculture; Home occupations

3Permitted with consent

Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Business identification signs; Dwelling houses; Environmental protection works; Extractive industries; Farm buildings; Forestry; Intensive livestock agriculture; Intensive plant agriculture; Open cut mining; Roads; Roadside stalls

4Prohibited

Any development not specified in item 2 or 3

Zone RU2Rural Landscape1Objectives of zone

•
To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•
To maintain the rural landscape character of the land.
•
To provide for a range of compatible land uses, including extensive agriculture.
•
To encourage the retention, management or restoration of native vegetation.

2Permitted without consent

Extensive agriculture; Home occupations; Roadside stalls

3Permitted with consent

Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Crematoria; Dwelling houses; Environmental facilities; Environmental protection works; Farm buildings; Farm stay accommodation; Forestry; Helipads; Home-based child care; Home businesses; Home industries; Hospitals; Places of public worship; Recreation areas; Recreation facilities (outdoor); Respite day care centres; Roads; Rural supplies; Secondary dwellings; Signage; Veterinary hospitals

4Prohibited

Any development not specified in item 2 or 3

Zone RU4Primary Production Small Lots1Objectives of zone

•
To enable sustainable primary industry and other compatible land uses.
•
To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
•
To minimise conflict between land uses within this zone and land uses within adjoining zones.

2Permitted without consent

Home occupations

3Permitted with consent

Agriculture; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dwelling houses; Extensive Agriculture; Farm buildings; Farm stay accommodation; Home-based child care; Home businesses; Home industries; Intensive plant agriculture; Plant nurseries; Recreation areas; Roads; Roadside stalls; Secondary dwellings; Veterinary hospitals

4Prohibited

Any development not specified in item 2 or 3

Zone R1General Residential1Objectives of zone

•
To provide for the housing needs of the community.
•
To provide for a variety of housing types and densities.
•
To enable other land uses that provide facilities or services to meet the day to day needs of residents.

2Permitted without consent

Home occupations

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Group homes; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Signage; Tank-based aquaculture

4Prohibited

Any development not specified in item 2 or 3

Zone R2Low Density Residential1Objectives of zone

•
To provide for the housing needs of the community within a low density residential environment.
•
To enable other land uses that provide facilities or services to meet the day to day needs of residents.

2Permitted without consent

Home occupations

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boat launching ramps; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Hospitals; Hostels; Information and education facilities; Jetties; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Signage; Tank-based aquaculture; Veterinary hospitals

4Prohibited

Any development not specified in item 2 or 3

Zone R3Medium Density Residential1Objectives of zone

•
To provide for the housing needs of the community within a medium density residential environment.
•
To provide a variety of housing types within a medium density residential environment.
•
To enable other land uses that provide facilities or services to meet the day to day needs of residents.

2Permitted without consent

Home occupations

3Permitted with consent

Attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Exhibition homes; Exhibition villages; Group homes; Home-based child care; Home businesses; Home industries; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Signage; Tank-based aquaculture; Veterinary hospitals

4Prohibited

Any other development not specified in item 2 or 3

Zone R4High Density Residential1Objectives of zone

•
To provide for the housing needs of the community within a high density residential environment.
•
To provide a variety of housing types within a high density residential environment.
•
To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•
To allow for high density residential development in close proximity to the Wollongong city centre and other commercial centres.

2Permitted without consent

Home occupations

3Permitted with consent

Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Exhibition homes; Home-based child care; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Residential flat buildings; Respite day care centres; Roads; Seniors housing; Serviced apartments; Shop top housing; Signage

4Prohibited

Any other development not specified in item 2 or 3

Zone R5Large Lot Residential1Objectives of zone

•
To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
•
To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
•
To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
•
To minimise conflict between land uses within this zone and land uses within adjoining zones.

2Permitted without consent

Home occupations

3Permitted with consent

Animal boarding or training establishments; Bed and breakfast accommodation; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Exhibition homes; Farm buildings; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Roadside stalls; Tank-based aquaculture

4Prohibited

Any development not specified in item 2 or 3

Zone E1Local Centre1Objectives of zone

•
To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
•
To encourage investment in local commercial development that generates employment opportunities and economic growth.
•
To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
•
To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
•
To encourage development that is consistent with the centre’s position in the centres hierarchy.
•
To encourage development that has a high level of accessibility and amenity and prioritises pedestrians.
•
To ensure new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.

2Permitted without consent

Building identification signs; Business identification signs; Home occupations

3Permitted with consent

Advertising structures; Amusement centres; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Exhibition homes; Function centres; Home-based child care; Home businesses; Home industries; Hostels; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Serviced apartments; Sex services premises; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Wholesale supplies

4Prohibited

Any development not specified in item 2 or 3

Zone E2Commercial Centre1Objectives of zone

•
To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
•
To encourage investment in commercial development that generates employment opportunities and economic growth.
•
To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
•
To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
•
To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
•
To encourage development that is consistent with the centre’s position in the centres hierarchy.
•
To strengthen the role of the Wollongong city centre as the business, retail and cultural centre of the Illawarra region.

2Permitted without consent

Building identification signs; Business identification signs; Home occupations

3Permitted with consent

Advertising structures; Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Exhibition homes; Function centres; Helipads; Home businesses; Home industries; Hostels; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Self-storage units; Service stations; Sex services premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Veterinary hospitals; Wholesale supplies

4Prohibited

Any development not specified in item 2 or 3

Zone E3Productivity Support1Objectives of zone

•
To provide a range of facilities and services, light industries, warehouses and offices.
•
To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
•
To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
•
To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
•
To provide opportunities for new and emerging light industries.
•
To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
•
To allow some diversity of activities that will not significantly detract from the operation of existing or proposed development or the amenity enjoyed by nearby residents, or have an adverse impact on the efficient operation of the surrounding road system.

2Permitted without consent

Building identification signs; Business identification signs; Home occupations

3Permitted with consent

Advertising structures; Animal boarding or training establishments; Boat building and repair facilities; Business premises; Car parks; Centre-based child care facilities; Community facilities; Depots; Entertainment facilities; Environmental facilities; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Home businesses; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Roads; Rural supplies; Service stations; Sex services premises; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies

4Prohibited

Any development not specified in item 2 or 3

Zone E4General Industrial1Objectives of zone

•
To provide a range of industrial, warehouse, logistics and related land uses.
•
To ensure the efficient and viable use of land for industrial uses.
•
To minimise any adverse effect of industry on other land uses.
•
To encourage employment opportunities.
•
To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
•
To allow some diversity of activities that will not significantly detract from the operation of existing or proposed development or the amenity enjoyed by nearby residents, or have an adverse impact on the efficient operation of the surrounding road system.

2Permitted without consent

Building identification signs; Business identification signs

3Permitted with consent

Advertising structures; Agricultural produce industries; Animal boarding or training establishments; Boat building and repair facilities; Community facilities; Crematoria; Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Helipads; Industrial retail outlets; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Liquid fuel depots; Local distribution premises; Mortuaries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Roads; Self-storage units; Service stations; Sex services premises; Take away food and drink premises; Tank-based aquaculture; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water treatment facilities

4Prohibited

Any development not specified in item 2 or 3

Zone E5Heavy Industrial1Objectives of zone

•
To provide areas for industries that need to be separated from other land uses.
•
To ensure the efficient and viable use of land for industrial uses.
•
To minimise any adverse effect of industry on other land uses.
•
To encourage employment opportunities.
•
To support and protect industrial land for industrial uses.

2Permitted without consent

Building identification signs; Business identification signs

3Permitted with consent

Advertising structures; Boat building and repair facilities; Data centres; Depots; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industrial storage establishments; Heavy industries; Helipads; Industrial retail outlets; Industrial training facilities; Kiosks; Light industries; Offensive storage establishments; Oyster aquaculture; Recreation areas; Roads; Rural industries; Service stations; Storage premises; Take away food and drink premises; Tank-based aquaculture; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Water supply systems

4Prohibited

Any development not specified in item 2 or 3

Zone MU1Mixed Use1Objectives of zone

•
To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
•
To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
•
To minimise conflict between land uses within this zone and land uses within adjoining zones.
•
To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
•
To support adjacent and nearby commercial centres and minimise adverse impacts on the viability of the centres.
•
To encourage development that is compatible with the centre’s position in the centres hierarchy.

2Permitted without consent

Building identification signs; Business identification signs; Home occupations

3Permitted with consent

Advertising structures; Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Function centres; Home businesses; Hostels; Information and education facilities; Light industries; Local distribution premises; Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Self-storage units; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Wholesale supplies

4Prohibited

Any development not specified in item 2 or 3

Zone SP1Special Activities1Objectives of zone

•
To provide for special land uses that are not provided for in other zones.
•
To provide for sites with special natural characteristics that are not provided for in other zones.
•
To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.

2Permitted without consent

Building identification signs; Business identification signs

3Permitted with consent

Advertising structures; Aquaculture; Centre-based child care facilities; Community facilities; Information and education facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP2Infrastructure1Objectives of zone

•
To provide for infrastructure and related uses.
•
To prevent development that is not compatible with or that may detract from the provision of infrastructure.
•
To provide for key transport corridors.

2Permitted without consent

Building identification signs

3Permitted with consent

Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Advertising structures; Business identification signs; Centre-based child care facilities; Community facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads

4Prohibited

Any development not specified in item 2 or 3

Zone SP3Tourist1Objectives of zone

•
To provide for a variety of tourist-oriented development and related uses.

2Permitted without consent

Building identification signs; Business identification signs

3Permitted with consent

Advertising structures; Amusement centres; Aquaculture; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Entertainment facilities; Food and drink premises; Function centres; Information and education facilities; Kiosks; Marinas; Markets; Moorings pens; Moorings; Neighbourhood shops; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Tourist and visitor accommodation; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Zone RE1Public Recreation1Objectives of zone

•
To enable land to be used for public open space or recreational purposes.
•
To provide a range of recreational settings and activities and compatible land uses.
•
To protect and enhance the natural environment for recreational purposes.
•
To cater for the development of a wide range of uses and facilities within open spaces for the benefit of the community.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Boat sheds; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Helipads; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Signage; Take away food and drink premises; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Zone RE2Private Recreation1Objectives of zone

•
To enable land to be used for private open space or recreational purposes.
•
To provide a range of recreational settings and activities and compatible land uses.
•
To protect and enhance the natural environment for recreational purposes.

2Permitted without consent

Nil

3Permitted with consent

Animal boarding or training establishments; Aquaculture; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Function centres; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Signage; Take away food and drink premises; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Zone C1National Parks and Nature Reserves1Objectives of zone

•
To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
•
To enable uses authorised under the National Parks and Wildlife Act 1974.
•
To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

Zone C2Environmental Conservation1Objectives of zone

•
To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
•
To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
•
To retain and enhance the visual and scenic qualities of the Illawarra Escarpment.
•
To maintain the quality of the water supply for Sydney and the Illawarra by protecting land forming part of the Sydney Drinking Water Catchment under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6, to enable the management and appropriate use of the land by Water NSW.

2Permitted without consent

Nil

3Permitted with consent

Environmental facilities; Environment protection works; Extensive agriculture; Oyster aquaculture; Recreation areas

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C3Environmental Management1Objectives of zone

•
To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
•
To provide for a limited range of development that does not have an adverse effect on those values.

2Permitted without consent

Home occupations

3Permitted with consent

Animal boarding or training establishments; Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dwelling houses; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Farm stay accommodation; Forestry; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Secondary dwellings; Tank-based aquaculture

4Prohibited

Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C4Environmental Living1Objectives of zone

•
To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
•
To ensure that residential development does not have an adverse effect on those values.

2Permitted without consent

Building identification signs; Home occupations

3Permitted with consent

Bed and breakfast accommodation; Business identification signs; Community facilities; Dwelling houses; Environmental facilities; Environmental protection works; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Secondary dwellings; Tank-based aquaculture

4Prohibited

Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W1Natural Waterways1Objectives of zone

•
To protect the ecological and scenic values of natural waterways.
•
To prevent development that would have an adverse effect on the natural values of waterways in this zone.
•
To provide for sustainable fishing industries and recreational fishing.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Environmental facilities; Environmental protection works; Moorings pens; Moorings; Recreation areas; Water recreation structures

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W2Recreational Waterways1Objectives of zone

•
To protect the ecological, scenic and recreation values of recreational waterways.
•
To allow for water-based recreation and related uses.
•
To provide for sustainable fishing industries and recreational fishing.
•
To provide for the sustainable and viable economic use of Lake Illawarra and other waterways.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Boat sheds; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Kiosks; Marinas; Mooring pens; Moorings; Passenger transport facilities; Recreation areas; Restaurants or cafes; Take away food and drink premises; Water recreation structures

4Prohibited

Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W3Working Waterways1Objectives of zone

•
To enable the efficient movement and operation of commercial shipping, water-based transport and maritime industries.
•
To promote the equitable use of waterways, including appropriate recreational uses.
•
To minimise impacts on ecological values arising from the active use of waterways.
•
To provide for sustainable fishing industries.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Boat building and repair facilities; Boat sheds; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Marinas; Moorings; Moorings pens; Port facilities; Water recreation structures; Wharf or boating facilities

4Prohibited

Any development not specified in item 2 or 3

Zone W4Working Waterfront1Objectives of zone

•
To retain and encourage industrial and maritime activities on foreshores.
•
To identify sites for maritime purposes and for activities requiring direct foreshore access.
•
To ensure that development does not have an adverse impact on the environment and visual qualities of the foreshore.
•
To encourage employment opportunities.
•
To minimise any adverse effect of development on land uses in other zones.
•
To encourage development that is compatible with the characteristics of Wollongong Harbour and Belmore Basin.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Boat building and repair facilities; Boat launching ramps; Charter and tourism boating facilities; Food and drink premises; Information and education facilities; Jetties; Kiosks; Light industries; Marinas; Markets; Mooring pens; Roads; Signage

4Prohibited

Any development not specified in item 2 or 3

Part 3Exempt and complying development3.1Exempt development(1)

The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2)

Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

(3)

To be exempt development, the development—

(a)
must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)
must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)
must not be designated development, and
(d)
must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(e)
(Repealed)

(4)

Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—

(a)
the building has a current fire safety certificate or fire safety statement, or
(b)
no fire safety measures are currently implemented, required or proposed for the building.

(4A)

(Repealed)

(5)

To be exempt development, the development must—

(a)
be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)
not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

Note—

See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.

(6)

A heading to an item in Schedule 2 is part of that Schedule.

cl 3.1: Am 2010 (162), Sch 1.7 [6].

3.2Complying development(1)

The objective of this clause is to identify development as complying development.

(2)

Development specified in Part 1 of Schedule 3 that is carried out in compliance with—

(a)
the development standards specified in relation to that development, and
(b)
the requirements of this Part,

is complying development.

Note.

See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)

To be complying development, the development must—

(a)
be permissible, with development consent, in the zone in which it is carried out, and
(b)
meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)
have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4)

A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.

(4A)

To be complying development, the development must not be carried out on any of the following land—

(a)
land within 100 metres of Lake Illawarra,
(b)
land shown on the Acid Sulfate Soils Map as being in class 1 or 2,
(c)
land to which clause 7.8 (Illawarra Escarpment area conservation) applies,
(d)
land in the Sydney Drinking Water Catchment under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6,
(e)
land within Zone RU1, C2, C3, W1 or W2,
(f)
land with a slope of 18 degrees or greater.

(4B)

(Repealed)

(5)

A heading to an item in Schedule 3 is part of that Schedule.

cl 3.2: Am 2010 (162), Sch 1.7 [7]; 2011 (28), Sch 1.10 [2]; 2022 (72), Sch 1.68[2]; 2022 (629), Sch 3.27[2]; 2022 (857), Sch 1.10[5].

3.3Environmentally sensitive areas excluded(1)

Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

(2)

For the purposes of this clause—

environmentally sensitive area for exempt or complying development means any of the following—

(a)
the coastal waters of the State,
(b)
a coastal lake,
(c)
land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d)
land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)
land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)
land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)
land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)
land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)
land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)
land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994,
(ja)
land identified as containing an endangered ecological community under the Fisheries Management Act 1994 or the Threatened Species Conservation Act 1995,
(jb)
(Repealed)
(jc)
land to which clause 7.8 (Illawarra Escarpment area conservation) applies.

cl 3.3: Am 2011 (363), Sch 29 [30]; 2023 (609), Sch 1.28[1].

Part 4Principal development standards4.1Minimum subdivision lot size(1)

The objectives of this clause are as follows—

(a)
to control the density of subdivision in accordance with the character of the location, site constraints and available services, facilities and infrastructure,
(b)
to ensure lots are of a sufficient size and shape to accommodate development.

(2)

This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause does not apply in relation to the subdivision of any land—

(a)
by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b)
by any kind of subdivision under the Community Land Development Act 2021.

(4A)

In calculating the area of any lot resulting from a subdivision of land, if the lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included.

(4B)

This clause does not apply in relation to the subdivision of land for the purpose of erecting an attached dwelling or a semi-detached dwelling in a residential zone.

(4C)

This clause does not apply in relation to the subdivision of land in a residential zone on which there is an existing dual occupancy or multi dwelling housing.

4.1AAMinimum subdivision lot size for community title schemes(1)

The objectives of this clause are as follows—

(a)
to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)

This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,

but does not apply to a subdivision by the registration of a strata plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause applies despite clause 4.1.

cl 4.1AA: Ins 2011 (363), Sch 29 [31].

4.1AMinimum lots sizes for certain split zones(1)

The objectives of this clause are as follows—

(a)
to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b)
to ensure that the subdivision occurs in a manner that promotes suitable land uses and development.

(2)

This clause applies to each lot (an original lot) that contains—

(a)
land in a residential, employment or mixed use zone, Zone C4 Environmental Living or Zone W4 Working Waterfront, and
(b)
land in a rural zone or Zone C2 Environmental Conservation or Zone C3 Environmental Management.

(3)

Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—

(a)
one of the resulting lots will contain—
- (i)
  land in a residential, employment or mixed use zone or Zone W4 Working Waterfront, that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
- (ii)
  all of the land in a rural zone, Zone C2 Environmental Conservation or Zone C3 Environmental Management that was in the original lot, and
(b)
all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.

cl 4.1A: Ins 2012 (25), Sch 1 [2]. Am 2022 (857), Sch 1.10[6]–[9].

4.1BLot averaging subdivision in Zone RU2, Zone C3 or Zone C4(1)

The objective of this clause is to ensure that lot sizes and subdivision patterns for residential accommodation conserve and provide protection for the environmental values of the land by encouraging buildings to be appropriately sited.

(2)

This clause applies to the following land in the Yallah-Marshall Mount Precinct shown on the Urban Release Area Map—

(a)
land within the following zones—
- (i)
  Zone RU2 Rural Landscape,
- (ii)
  Zone C3 Environmental Management,
- (iii)
  Zone C4 Environmental Living,
(b)
Lot 5, DP 24143, being 297 Marshall Mount Road, Marshall Mount.

(3)

Despite clauses 4.1 and 4.1AA, development consent may be granted to the subdivision of land to which this clause applies that requires development consent (whether or not the subdivision is under the Community Land Development Act 1989) to create lots of any size if—

(a)
the consent authority is satisfied that the land to be subdivided is proposed to be used for the purpose of residential accommodation, and
(b)
the total number of lots resulting from the subdivision will not exceed the number of lots that could be created by a subdivision of the same land under clause 4.1 (3) or 4.1AA (3), and
(c)
the consent authority is satisfied that the development retains, and is complementary to, the environmental attributes of the land and its surrounds, and
(d)
in the case of Lot 5, DP 24143—an existing dwelling house will be located on each lot resulting from the subdivision.

(4)

Despite any other provision of this Plan, development consent must not be granted to the subdivision of a lot created under this clause unless the consent authority is satisfied that—

(a)
the lots resulting from the subdivision will not be used for the purpose of residential accommodation, and
(b)
the subdivision will not result in any significant adverse environmental impacts on the land being subdivided.

cl 4.1B: Ins 2018 (255), Sch 1 [1]. Am 2022 (857), Sch 1.10[8] [10] [11].

4.2Rural subdivision(1)

The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.

(2)

This clause applies to the following rural zones—

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(baa)
Zone RU3 Forestry,
(c)
Zone RU4 Primary Production Small Lots,
(d)
Zone RU6 Transition.

(3)

Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.

(5)

A dwelling cannot be erected on such a lot.

Note.

A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).

Note.

This Plan does not include Zone RU6.

4.2AErection of dwelling houses on land in certain rural and conservation zones(1)

This clause applies to land in the following zones—

•
Zone RU1 Primary Production,
•
Zone RU2 Rural Landscape,
•
Zone C3 Environmental Management.

(2)

Development consent must not be granted for the erection of a dwelling house on land to which this clause applies, and on which no dwelling house has been erected, unless the land is—

(a)
a lot created in accordance with clause 4.1, or
(b)
a lot created before this Plan commenced that met the minimum lot size specified to permit the erection of a dwelling house under Wollongong Local Environmental Plan 1990 in effect immediately before that commencement, or
(c)
a lot created before this Plan commenced that is at least the minimum lot size specified for that lot by the Lot Size Map, or
(d)
land that will be a lot in a subdivisions for which development consent was granted or approval under Part 3A of the Act was given before this Plan commenced and on which the erection of a dwelling house would have been permissible immediately before that commencement, or
(e)
an existing holding with an area of not less than 10 hectares, or
(f)
a lot that was created after 30 April 1971 but before 23 February 1984 and which has an area of not less than 20 hectares, or

(g)
a lot that was created on or after 23 February 1984 but before the commencement of this Plan and which has an area of not less than 40 hectares, or
(h)
a lot that was created before the commencement of this Plan, but only if the subdivision requirements for the land, or number of dwelling houses to be erected on the land, were specified in Schedule 2 to the Wollongong Local Environmental Plan 1990 immediately before that commencement.

Note.

A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.

(3)

Land ceases to be an existing holding for the purposes of subclause (2) (e), if an application for development consent referred to in subclause (2) is not made in relation to that land before 31 December 2012.

(4)

Despite any other provision of this clause, development consent may be granted for the erection of a dwelling house on land in a zone to which this clause applies if—

(a)
there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house, or
(b)
the land would have been a lot or a holding referred to in subclause (2) had it not been affected by—
- (i)
  a minor realignment of its boundaries that did not create an additional lot, or
- (ii)
  a subdivision creating or widening a public road or public reserve or for another public purpose.

(5)

In determining whether to grant consent for the erection of a dwelling house, the consent authority must consider the extent to which the development is likely to affect the environmental and ecological conservation of the land with respect to the extent of clearing required for the development, including any clearing required for the provision of infrastructure, access and any asset protection zone identified for the land in a bush fire risk management plan in force under the Rural Fires Act 1997.

(6)

In this clause—

existing holding means all adjoining land, even if separated by a road or railway, held in the same ownership—

(a)
on 30 April 1971, and
(b)
at the time of lodging a development application for the erection of a dwelling house under this clause,

and includes any other land adjoining that land acquired by the owner since 30 April 1971.

Note.

The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.

cl 4.2A: Am 2015 (280), cl 5 (2); 2022 (857), Sch 1.10[8] [12].

4.2BStrata title subdivision in certain rural and conservation zones(1)

The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)

This clause applies to land in the following zones that is used, or proposed to be used, for residential accommodation or tourist and visitor accommodation—

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone C3 Environmental Management.

(3)

Development consent must not be granted for the subdivision of a lot to which this clause applies under a strata plan that would create lots below the minimum size shown on the Lot Size Map for that land.

Note.

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is specified complying development.

cl 4.2B: Am 2011 (363), Sch 29 [32] [33]; 2014 (351), Sch 1 [3]; 2016 No 27, Sch 2.58; 2022 (857), Sch 1.10[8] [13].

4.3Height of buildings(1)

The objectives of this clause are as follows—

(a)
to establish the maximum height limit in which buildings can be designed and floor space can be achieved,
(b)
to permit building heights that encourage high quality urban form,
(c)
to ensure buildings and public areas continue to have views of the sky and receive exposure to sunlight.

(2)

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

4.3AException to maximum height of buildings—North Wollongong Station Precinct(1)

This clause applies to land—

(a)
identified as “North Wollongong Station Precinct” on the North Wollongong Station Precinct Map, and
(b)
in relation to which the maximum building height shown for the land on the Height of Buildings Map is 22m.

(2)

Despite clause 4.3(2), the maximum building height of a building containing independent living units or shop top housing on land to which this clause applies is 24m.

cl 4.3A: Ins 2025 (600), Sch 1[1].

4.4Floor space ratio(1)

The objectives of this clause are as follows—

(a)
to provide an appropriate correlation between the size of a site and the extent of any development on that site,
(b)
to establish the maximum development density and intensity of land use, taking into account the availability of infrastructure to service that site and the vehicle and pedestrian traffic the development will generate,
(c)
to ensure buildings are compatible with the bulk and scale of the locality.

(2)

The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

4.4AFloor space ratio—Wollongong city centre(1)

This clause applies to land within the Wollongong city centre.

(2)

Despite clause 4.4, the maximum floor space ratio for a building on land within a zone specified in Column 1 of the Table to this subclause, on land with a site area and street frontage specified opposite that zone in Column 2 of the Table, is—

(a)
the amount specified opposite that zone in Column 3 of the Table, if the building is used only for residential purposes, or
(b)
the amount specified opposite that zone in Column 4 of the Table, if the building is used only for purposes other than residential purposes.

Table

Column 1	Column 2	Column 3	Column 4
Zone E2 Commercial Centre	Site area of any size and no street frontage equal to or greater than 20 metres	1.5:1	1.5:1
Site area less than 800 square metres and a street frontage equal to or greater than 20 metres	2:1	3.5:1
Site area equal to or greater than 800 square metres and less than 2000 square metres and a street frontage equal to or greater than 20 metres	As set out in subclause (3)	As set out in subclause (3)
Site area equal to or greater than 2000 square metres and a street frontage equal to or greater than 20 metres	3.5:1	6:1
Zone MU1 Mixed Use	Site area of any size and no street frontage equal to or greater than 20 metres	1.5:1	1.5:1
Site area of any size and a street frontage equal to or greater than 20 metres	2.5:1	3.5:1
Zone E3 Productivity Support	Site area of any size and no street frontage equal to or greater than 20 metres	1.5:1	1.5:1
Site area of any size and a street frontage equal to or greater than 20 metres	2.5:1	3:1
Zone SP1 Special Activities	Site area of any size and a street frontage of any size	1.5:1	3:1

(3)

For land within Zone E2 Commercial Centre with a site area equal to or greater than 800 square metres and less than 2,000 square metres and a street frontage equal to or greater than 20 metres, the maximum floor space ratio for any building on that site is—

(a)
—if the building is used only for residential purposes, or
(b)
—if the building is used only for purposes other than residential purposes,

where—

X is .

(4)

The maximum floor space ratio for a building on land within Zone E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support or Zone MU1 Mixed Use, that is to be used for a mixture of residential purposes and other purposes, is—

where—

NR is the percentage of the floor space of the building used for purposes other than residential purposes.

NRFSR is the maximum floor space ratio determined in accordance with this clause if the building was to be used only for purposes other than residential purposes.

R is the percentage of the floor space of the building used for residential purposes.

RFSR is the maximum floor space ratio determined in accordance with this clause if the building was to be used only for residential purposes.

Note.

The following gives an example of how a maximum floor space ratio is to be calculated for a building on land, having a site area equal to or greater than 2,000 square metres and a street frontage equal to or greater than 20 metres, that is within Zone E2 Commercial Centre, 30 per cent of which is to be used for purposes other than residential purposes and 70 per cent of which is to be used for residential purposes—

•
•
•
•
4.25:1 is the maximum floor space ratio.

(5)

For a building on land within Zone SP1 Special Activities that is to be used for the purposes of hospitals, medical centres or other like uses or a combination of such uses, the maximum floor space ratio is 3:1.

(6)

In this clause—

residential purposes, in relation to the use of a building, means using the building for the purposes of residential accommodation or serviced apartments or a combination of such uses.

cl 4.4A: Am 2022 (857), Sch 1.10[14]–[17].

4.5Calculation of floor space ratio and site area(1)

The objectives of this clause are as follows—

(a)
to define floor space ratio,
(b)
to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
- (i)
  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
- (ii)
  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
- (iii)
  require community land and public places to be dealt with separately.

(2)

The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3)

In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—

(a)
if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)
if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4)

The following land must be excluded from the site area—

(a)
land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)
community land or a public place (except as provided by subclause (7)).

(5)

The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6)

The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7)

For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8)

The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9)

When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10)

If—

(a)
a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)
proposed development relates to the affected land and other land that together comprise the site of the proposed development,

the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

(11)

In this clause, public place has the same meaning as it has in the Local Government Act 1993.

4.6Exceptions to development standards(1)

The objectives of this clause are as follows—

(a)
to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)
to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)

Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—

(a)
compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b)
there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)

The consent authority must keep a record of its assessment carried out under subclause (3).

(5)

(Repealed)

(6)

Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—

(a)
the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)
the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7)

(Repealed)

(8)

This clause does not allow development consent to be granted for development that would contravene any of the following—

(a)
a development standard for complying development,
(b)
a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)
clause 5.4,
(caa)
clause 5.5,
(ca)
clause 4.2A or 8.3.

(8A)

(Repealed)

cl 4.6: Am 2011 (363), Sch 29 [34] [35]; 2023 (554), Sch 2.43[1].

Part 5Miscellaneous provisions5.1Relevant acquisition authority(1)

The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note.

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)

The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

Type of land shown on Map	Authority of the State
Zone RE1 Public Recreation and marked “Local open space”	Council
Zone RE1 Public Recreation and marked “Regional open space”	The corporation constituted under section 2.5 of the Act
Zone SP2 Infrastructure and marked “Classified road”	Transport for NSW
Zone C1 National Parks and Nature Reserves and marked “National Park”	Minister administering the National Parks and Wildlife Act 1974
Zone C2 Environmental Conservation and marked “Local open space”	Council
Zone C2 Environmental Conservation and marked “Local road”	Council
Zone R2 Low Density Residential and marked “Local road”	Council
Zone R2 Low Density Residential and marked “Classified road”	Transport for NSW
Zone E1 Local Centre and marked “Local road”	Council
Zone E2 Commercial Centre and marked “Local road”	Council
Zone MU1 Mixed Use and marked “Classified road”	Transport for NSW
Zone SP2 Infrastructure and marked “Educational establishment”	Minister for Education and Training
Zone SP2 Infrastructure and marked “Local road”	Council
Zone RU2 Rural Landscape and marked “Local road”	Council

Note.

If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).

(3)

Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.

cl 5.1: Am 2011 (390), Sch 2 [1]; 2012 (319), Sch 1 [1]–[3]; 2017 (94), cl 5; 2018 (48), Sch 1 [1]; 2020 No 30, Sch 4.119; 2022 (857), Sch 1.10[7] [14] [15] [18].

5.1ADevelopment on land intended to be acquired for a public purpose(1)

The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.

(2)

This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.

(3)

Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of the Table.

Column 1	Column 2
Land	Development
Zone R2 Low Density Residential and marked “Local road”	Earthworks; Public utility undertakings; Roads
Zone E2 Commercial Centre and marked “Local road”	Earthworks; Public utility undertakings; Roads
Zone SP2 Infrastructure and marked “Classified road”	Earthworks; Public utility undertakings; Roads
Zone SP2 Infrastructure and marked “Local road”	Earthworks; Public utility undertakings; Roads
Zone SP2 Infrastructure and marked “Educational establishment”	Earthworks; Public utility undertakings
Zone RE1 Public Recreation and marked “Local open space”	Earthworks; Public utility undertakings; Recreation areas

cl 5.1A: Am 2022 (857), Sch 1.10[14].

5.2Classification 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.

viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.

Note.

Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, but does not include local distribution premises.

waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.

Note.

Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

waste or resource management facility means any of the following—

(a)
a resource recovery facility,
(b)
a waste disposal facility,
(c)
a waste or resource transfer station,
(d)
a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

Note.

Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.

water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—

(a)
retention structures, and
(b)
treatment works, and
(c)
irrigation schemes.

Note.

Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.

Note.

Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

Note.

Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.

water supply system means any of the following—

(a)
a water reticulation system,
(b)
a water storage facility,
(c)
a water treatment facility,
(d)
a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.

Note.

Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.

waterbody means a waterbody (artificial) or waterbody (natural).

waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.

waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).

watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).

waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).

wetland means—

(a)
natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)
artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—

(a)
facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)
facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)
wharves for commercial fishing operations,
(d)
refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)
sea walls or training walls,
(f)
administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.

Wollongong city centre means the land identified on the Wollongong City Centre Map.

Wollongong City Centre Map means the Wollongong Local Environmental Plan 2009 Wollongong City Centre Map.

Wollongong Innovation Campus Map means the Wollongong Local Environmental Plan 2009 Wollongong Innovation Campus Map.

Dictionary: Am 2013 (641), Sch 1 [2]; 2014 (351), Sch 1 [6]; 2018 (255), Sch 1 [7]; 2021 (225), Sch 1; 2022 (185), Sch 1[3]; 2023 (554), Sch 2.43[3]; 2023 (609), Sch 1.28[2]; 2024 (656), Sch 1[6]; 2025 (600), Sch 1[7].

Maps: Am 2010 (461), cl 4; 2010 (623), cl 4; 2010 (633), cl 4; 2010 (712), cl 4; 2011 (15), cl 4; 2011 (229), cl 4; 2011 (336), cl 4; 2011 (390), cl 4 (2); 2012 (25), cl 4; 2012 (319), cl 4 (1); 2013 (641), cl 4; 2014 (225), cl 4; 2014 (351), cl 4; 2014 (433), cl 4; 2015 (280), cl 4; 2015 (295), cl 4; 2015 (384), cl 4; 2015 (470), cl 4; 2015 (471), cl 4; 2015 (582), cl 4; 2015 (731), cl 4; 2015 (764), cl 4; 2016 (42), cl 4; 2016 (507), cl 4; 2017 (94), cl 4; 2017 (203), cl 4; 2017 (255), cl 4; 2017 (681), cl 4; 2018 (33), cl 4; 2018 (48), cl 4; 2018 (119), cl 4; 2018 (255), cl 4; 2018 (599), cl 4; 2019 (147), cl 4; 2019 (378), cl 4; 2020 (52), cl 4; 2020 (165), cl 4; 2020 (548), cl 4; 2021 (112), cl 4; 2021 (192), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Historical notesTable of amending instruments

Wollongong Local Environmental Plan 2009 (2010-76). LW 26.2.2010. Date of commencement, on publication on LW, cl 1.1A. This Plan has been amended by Sch 1 to this Plan and as follows—

2010	(161)	Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2010. LW 30.4.2010. Date of commencement, on publication on LW, cl 2.
(162)	State Environmental Planning Policy (Standard Instrument) Amendment (Miscellaneous) 2010. LW 30.4.2010. Date of commencement, on publication on LW, cl 2.
No 59	Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 2.110, 9.7.2010, sec 2 (2).
(461)	Wollongong Local Environmental Plan 2009 (Amendment No 3). LW 20.8.2010. Date of commencement, on publication on LW, cl 2.
(623)	Wollongong Local Environmental Plan 2009 (Amendment No 6). LW 5.11.2010. Date of commencement, on publication on LW, cl 2.
(633)	Wollongong Local Environmental Plan 2009 (Amendment No 5). LW 12.11.2010. Date of commencement, on publication on LW, cl 2.
(641)	Wollongong Local Environmental Plan 2009 (Amendment No 1). LW 19.11.2010. Date of commencement, on publication on LW, cl 2.
(712)	Wollongong Local Environmental Plan 2009 (Amendment No 2). LW 17.12.2010. Date of commencement, on publication on LW, cl 2.
2011	(15)	Wollongong Local Environmental Plan 2009 (Amendment No 4). LW 14.1.2011. Date of commencement, on publication on LW, cl 2.
(28)	State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011. LW 21.1.2011. Date of commencement, 1.3.2011, cl 2.
(102)	Standard Instrument (Local Environmental Plans) Amendment Order 2011. LW 25.2.2011. Date of commencement of Sch 2, 25.6.2011, Standard Instrument (Local Environmental Plans) Order 2006 (155), cl 9 (1).
(229)	Wollongong Local Environmental Plan 2009 (Amendment No 8). LW 6.5.2011. Date of commencement, on publication on LW, cl 2.
(336)	Wollongong Local Environmental Plan 2009 (Amendment No 9). LW 1.7.2011. Date of commencement, on publication on LW, cl 2.
(362)	Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2011. LW 13.7.2011. Date of commencement, on publication on LW, cl 2.
(363)	State Environmental Planning Policy Amendment (Standard Instrument) 2011. LW 13.7.2011. Date of commencement, on publication on LW, cl 2.
(390)	Wollongong Local Environmental Plan 2009 (Amendment No 7). LW 29.7.2011. Date of commencement, on publication on LW, cl 2.
No 41	Transport Legislation Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 5.52, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011.
2012	(25)	Wollongong Local Environmental Plan 2009 (Amendment No 10). LW 27.1.2012. Date of commencement, on publication on LW, cl 2.
(208)	Wollongong Local Environmental Plan 2009 (Amendment No 11). LW 25.5.2012. Date of commencement, on publication on LW, cl 2.
(319)	Wollongong Local Environmental Plan 2009 (Amendment No 12). LW 6.7.2012. Date of commencement, on publication on LW, cl 2.
(506)	Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2012. LW 5.10.2012. Date of commencement, on publication on LW, cl 2.
No 96	Forestry Act 2012. Assented to 21.11.2012. Date of commencement of Sch 4.41, 7.1.2013, sec 2 and 2012 (680) LW 21.12.2012.
2013	No 5	Liquor Amendment (Small Bars) Act 2013. Assented to 19.3.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (292) LW 21.6.2013.
(265)	Wollongong Local Environmental Plan 2009 (Amendment No 13). LW 7.6.2013. Date of commencement, on publication on LW, cl 2.
(586)	Wollongong Local Environmental Plan 2009 (Amendment No 16). LW 4.10.2013. Date of commencement, on publication on LW, cl 2.
(641)	Wollongong Local Environmental Plan 2009 (Amendment No 14). LW 8.11.2013. Date of commencement, on publication on LW, cl 2.
No 111	Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27.
2014	(225)	Wollongong Local Environmental Plan 2009 (Amendment No 17). LW 17.4.2014. Date of commencement, on publication on LW, cl 2.
(351)	Wollongong Local Environmental Plan 2009 (Amendment No 15). LW 6.6.2014. Date of commencement, on publication on LW, cl 2.
No 33	Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36.
(433)	Wollongong Local Environmental Plan 2009 (Amendment No 18). LW 4.7.2014. Date of commencement, on publication on LW, cl 2.
(513)	Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2.
No 74	Water NSW Act 2014. Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014.
2015	(280)	Wollongong Local Environmental Plan 2009 (Amendment No 19). LW 5.6.2015. Date of commencement, on publication on LW, cl 2.
(295)	Wollongong Local Environmental Plan 2009 (Amendment No 20). LW 12.6.2015. Date of commencement, on publication on LW, cl 2.
(316)	State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3). LW 19.6.2015. Date of commencement, 4 weeks after publication on LW, cl 2.
(349)	Wollongong Local Environmental Plan 2009 (Amendment No 22). LW 26.6.2015. Date of commencement, on publication on LW, cl 2.
No 15	Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3).
(384)	Wollongong Local Environmental Plan 2009 (Amendment No 21). LW 10.7.2015. Date of commencement, on publication on LW, cl 2.
(470)	Wollongong Local Environmental Plan 2009 (Amendment No 23). LW 14.8.2015. Date of commencement, on publication on LW, cl 2.
(471)	Wollongong Local Environmental Plan 2009 (Amendment No 24). LW 14.8.2015. Date of commencement, on publication on LW, cl 2.
(582)	Wollongong Local Environmental Plan 2009 (Amendment No 25). LW 25.9.2015. Date of commencement, on publication on LW, cl 2.
(731)	Wollongong Local Environmental Plan 2009 (Amendment No 26). LW 27.11.2015. Date of commencement, on publication on LW, cl 2.
(764)	Wollongong Local Environmental Plan 2009 (Amendment No 27). LW 11.12.2015. Date of commencement, on publication on LW, cl 2.
2016	(42)	Wollongong Local Environmental Plan 2009 (Amendment No 28). LW 22.1.2016. Date of commencement, on publication on LW, cl 2.
(43)	Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2.
(126)	Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2.
No 27	Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1).
(309)	Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2.
(310)	State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2.
(507)	Wollongong Local Environmental Plan 2009 (Amendment No 30). LW 12.8.2016. Date of commencement, on publication on LW, cl 2.
2017	(94)	Wollongong Local Environmental Plan 2009 (Amendment No 31). LW 17.3.2017. Date of commencement, on publication on LW, cl 2.
(203)	Wollongong Local Environmental Plan 2009 (Amendment No 34). LW 19.5.2017. Date of commencement, on publication on LW, cl 2.
(255)	Wollongong Local Environmental Plan 2009 (Amendment No 32). LW 9.6.2017. Date of commencement, on publication on LW, cl 2.
(453)	Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2.
(492)	Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2.
(493)	State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2.
(681)	Wollongong Local Environmental Plan 2009 (Amendment No 35). LW 1.12.2017. Date of commencement, on publication on LW, cl 2.
2018	(33)	Wollongong Local Environmental Plan 2009 (Amendment No 33). LW 9.2.2018. Date of commencement, on publication on LW, cl 2.
(48)	Wollongong Local Environmental Plan 2009 (Amendment No 29). LW 16.2.2018. Date of commencement, on publication on LW, cl 2.
(105)	Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2.
(119)	Wollongong Local Environmental Plan 2009 (Amendment No 37). LW 29.3.2018. Date of commencement, on publication on LW, cl 2.
(154)	Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2.
(255)	Wollongong Local Environmental Plan 2009 (Amendment No 36). LW 8.6.2018. Date of commencement, on publication on LW, cl 2.
No 40	Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018.
(404)	Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2.
(405)	Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2.
(406)	State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2.
(477)	Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2.
(488)	State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.1 and 1.2, 31.8.2018, cl 2 (1).
No 46	Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019.
(589)	Wollongong Local Environmental Plan 2009 (Amendment No 38). LW 12.10.2018. Date of commencement, on publication on LW, cl 2.
(599)	Wollongong Local Environmental Plan 2009 (Amendment No 39). LW 19.10.2018. Date of commencement, on publication on LW, cl 2.
(717)	Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2.
2019	(133)	Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2.
(137)	State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2.
(147)	Wollongong Local Environmental Plan 2009 (Amendment No 41). LW 8.3.2019. Date of commencement, on publication on LW, cl 2.
No 1	Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 2.42, 14 days after assent, sec 2 (1).
(378)	Wollongong Local Environmental Plan 2009 (Amendment No 40). LW 9.8.2019. Date of commencement, on publication on LW, cl 2.
(620)	Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2.
(621)	State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Schs 3 and 5, 15.1.2020, cl 2(1).
2020	(52)	Wollongong Local Environmental Plan 2009 (Amendment No 43). LW 14.2.2020. Date of commencement, on publication on LW, cl 2.
(155)	Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2.
(165)	Wollongong Local Environmental Plan 2009 (Amendment No 44). LW 17.4.2020. Date of commencement, on publication on LW, cl 2.
(548)	Wollongong Local Environmental Plan 2009 (Amendment No 46). LW 11.9.2020. Date of commencement, on publication on LW, cl 2.
(593)	Wollongong Local Environmental Plan 2009 (Amendment No 47). LW 2.10.2020. Date of commencement, on publication on LW, cl 2.
No 30	Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020.

Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4).
(636)	Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2.
No 40	Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020.
(762)	Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2.
2021	(112)	Wollongong Local Environmental Plan 2009 (Amendment No 42). LW 12.3.2021. Date of commencement, on publication on LW, cl 2.
No 6	Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021.
(192)	Wollongong Local Environmental Plan 2009 (Amendment No 45). LW 23.4.2021. Date of commencement, on publication on LW, cl 2.
(193)	Wollongong Local Environmental Plan 2009 (Amendment No 48). LW 23.4.2021. Date of commencement, on publication on LW, cl 2.
(225)	State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2.
(226)	Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2.
(301)	Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2.
(376)	Wollongong Local Environmental Plan 2009 (Amendment No 49). LW 9.7.2021. Date of commencement, on publication on LW, cl 2.
(650)	Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2.
(711)	Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2.
(714)	State Environmental Planning Policy (Housing) 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2.
2022	(71)	Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2.
(72)	State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2.
(185)	Wollongong Local Environmental Plan 2009 (Amendment No 50). LW 29.4.2022. Date of commencement, on publication on LW, cl 2.
(459)	Wollongong Local Environmental Plan 2009 (Amendment No 51). LW 12.8.2022. Date of commencement, on publication on LW, cl 2.
(473)	Wollongong Local Environmental Plan 2009 (Amendment No 52). LW 19.8.2022. Date of commencement, on publication on LW, cl 2.
(592)	Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2.
(628)	Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2.
(629)	State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2.
(857)	State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. Amended by Inner West Local Environmental Plan Amendment (Land Use Zones) 2022 (856). LW 16.12.2022. Date of commencement, immediately before the commencement of State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022 (i.e. on publication on LW), cl 2. Amended by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82). LW 24.2.2023. Date of commencement, on publication on LW, sec 2.
2023	(251)	Wollongong Local Environmental Plan 2009 (Amendment No 53). LW 19.5.2023. Date of commencement, on publication on LW, cl 2.
(458)	State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2.
(522)	Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2.
(523)	State Environmental Planning Policy Amendment (Estimated Development Cost) 2023. LW 15.9.2023. Date of commencement, 4.3.2024, sec 2.
(554)	State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2.
(608)	Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2.
(609)	State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2.
(661)	Wollongong Local Environmental Plan 2009 (Amendment No 54). LW 8.12.2023. Date of commencement, on publication on LW, cl 2.
(664)	State Environmental Planning Policy Amendment (Housing) 2023. LW 14.12.2023. Date of commencement of Sch 3.22, on publication on LW, sec 2(b).
2024	(73)	Wollongong Local Environmental Plan 2009 (Amendment No 55). LW 15.3.2024. Date of commencement, on publication on LW, cl 2.
(191)	Wollongong Local Environmental Plan 2009 (Amendment No 57). LW 31.5.2024. Date of commencement, on publication on LW, cl 2.
(656)	Wollongong Local Environmental Plan 2009 (Amendment No 56). LW 13.12.2024. Date of commencement, on publication on LW, sec 2.
2025	(82)	State Environmental Planning Policy (Planning Systems) Amendment (Warrawong Site) 2025. LW 28.2.2025. Date of commencement, on publication on LW, sec 2.
(98)	Wollongong Local Environmental Plan 2009 (Amendment No 58). LW 7.3.2025. Date of commencement, on publication on LW, cl 2.
(511)	Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2.
(600)	State Environmental Planning Policy Amendment (North Wollongong Station Precinct) 2025. LW 31.10.2025. Date of commencement, on publication on LW, sec 2.

Table of amendments

No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.

Cl 1.1A	Rep 2010 (162), Sch 1.7 [1].
Cl 1.3	Am 2014 (351), Sch 1 [1].
Cl 1.8	Am 2010 (162), Sch 1.7 [2] [3]; 2014 (351), Sch 1 [2].
Cl 1.8A	Am 2015 (280), cl 5 (1); 2023 (609), Sch 1.1[1].
Cl 1.9	Am 2016 (310), Sch 4.39.
Cl 1.9A	Am 2011 (363), Sch 29 [1]; 2019 (621), Sch 5[2]–[4].
Cl 2.1	Am 2022 (857), Sch 1.10[1] [2].
Cl 2.6BB	Ins 2010 (162), Sch 1.7 [4].
Cll 2.6A, 2.6B	Rep 2010 (162), Sch 1.7 [1].
Land Use Table	Am 2010 (162), Sch 1.7 [5]; 2011 (28), Sch 1.10 [1]; 2011 (363), Sch 29 [2]–[29]; 2012 (25), Sch 1 [1]; 2013 (586), cl 4; 2014 No 74, Sch 3.53; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 No 1, Sch 2.42 [1] [2]; 2019 (621), Sch 3; 2021 (193), cl 4(1)–(4); 2022 (72), Sch 1.68[1]; 2022 (629), Sch 3.27[1]; 2022 (857), Sch 1.10[3] (am 2023 (82), Sch 1.6[19] [20]) [4].
Cl 3.1	Am 2010 (162), Sch 1.7 [6].
Cl 3.2	Am 2010 (162), Sch 1.7 [7]; 2011 (28), Sch 1.10 [2]; 2022 (72), Sch 1.68[2]; 2022 (629), Sch 3.27[2]; 2022 (857), Sch 1.10[5].
Cl 3.3	Am 2011 (363), Sch 29 [30]; 2023 (609), Sch 1.28[1].
Cl 4.1AA	Ins 2011 (363), Sch 29 [31].
Cl 4.1A	Ins 2012 (25), Sch 1 [2]. Am 2022 (857), Sch 1.10[6]–[9].
Cl 4.1B	Ins 2018 (255), Sch 1 [1]. Am 2022 (857), Sch 1.10[8] [10] [11].
Cl 4.2A	Am 2015 (280), cl 5 (2); 2022 (857), Sch 1.10[8] [12].
Cl 4.2B	Am 2011 (363), Sch 29 [32] [33]; 2014 (351), Sch 1 [3]; 2016 No 27, Sch 2.58; 2022 (857), Sch 1.10[8] [13].
Cl 4.3A	Ins 2025 (600), Sch 1[1].
Cl 4.4A	Am 2022 (857), Sch 1.10[14]–[17].
Cl 4.6	Am 2011 (363), Sch 29 [34] [35]; 2023 (554), Sch 2.43[1].
Cl 5.1	Am 2011 (390), Sch 2 [1]; 2012 (319), Sch 1 [1]–[3]; 2017 (94), cl 5; 2018 (48), Sch 1 [1]; 2020 No 30, Sch 4.119; 2022 (857), Sch 1.10[7] [14] [15] [18].
Cl 5.1A	Am 2022 (857), Sch 1.10[14].
Cl 5.3	Am 2010 (162), Sch 1.7 [8] [9].
Cl 5.4	Am 2011 (363), Sch 29 [36] [37]; 2018 (406), Sch 1.155 [1] [2]; 2021 (193), cl 4(5).
Cl 5.5	Subst 2021 (714), Sch 11.42.
Cl 5.9	Am 2011 (363), Sch 29 [38].
Cl 5.13	Ins 2011 (363), Sch 29 [39].
Cl 5.22	Subst 2023 (609), Sch 1.1[2].
Cl 6.1	Am 2011 (363), Sch 29 [40]; 2019 (621), Sch 5[5]. Rep 2023 (554), Sch 2.43[2].
Cl 6.2A	Ins 2018 (48), Sch 1 [2].
Cl 7.1	Am 2010 No 59, Sch 2.110.
Cl 7.3	Am 2014 (351), Sch 1 [4]. Rep 2021 (225), Sch 1.
Cl 7.9	Subst 2012 (25), Sch 1 [3].
Cl 7.11	Am 2017 (493), Sch 1.2 [1]; 2022 (857), Sch 1.10[20] [21].
Cl 7.12	Am 2015 (316), Sch 2.20; 2023 (664), Sch 3.22.
Cl 7.13	Am 2018 (255), Sch 1 [2]; 2022 (857), Sch 1.10[22] [23]; 2025 (82), Sch 3[1]; 2025 (98), Sch 1[1].
Cl 7.14	Subst 2025 (600), Sch 1[2].
Cl 7.17	Rep 2023 (259), cl 5(1).
Cl 7.18	Ins 2014 (433), Sch 1 [1]. Am 2023 (523), Sch 1.19[1] [2]; 2024 (656), Sch 1[1]–[3].
Cl 7.19	Ins 2018 (255), Sch 1 [3]. Am 2022 (857), Sch 1.10[24]. Subst 2024 (656), Sch 1[4]. Am 2025 (600), Sch 1[3]–[5].
Cl 7.20	Ins 2022 (185), Sch 1[1].
Cl 7.21	Ins 2022 (185), Sch 1[1].
Cl 7.22	Ins 2022 (857), Sch 1.10[19].
Cl 7.23	Ins 2022 (857), Sch 1.10[19].
Cl 7.24	Ins 2024 (656), Sch 1[5].
Cl 7.25	Ins 2025 (82), Sch 3[2]. Am 2025 (98), Sch 1[1] [2].
Cl 7.26	Ins 2025 (600), Sch 1[6].
Cl 8.1	Am 2014 (433), Sch 1 [2].
Cl 8.4	Am 2022 (857), Sch 1.10[25].
Cl 8.5	Rep 2014 (433), Sch 1 [3].
Cl 8.6	Am 2022 (857), Sch 1.10[14] [15].
Cl 8.7	Am 2022 (857), Sch 1.10[14] [15].
Sch 1	Am 2010 (76), Sch 1, cl 8 (3); 2011 (363), Sch 29 [41]; 2012 (25), Sch 1 [4]; 2013 (265), cl 4; 2018 (255), Sch 1 [4] [5]; 2018 (488), Sch 1.2; 2018 (589), cl 4; 2020 (593), cl 4; 2021 (376), cl 4; 2022 (185), Sch 1[2]; 2022 (473), cl 5; 2022 (857), Sch 1.10[8] [26] (am 2023 (82), Sch 1.6[21] [22]); 2023 (458), Sch 2.88; 2025 (82), Sch 3[3].
Sch 2	Am 2010 (162), Sch 1.7 [10]; 2015 (349), cl 4; 2022 (857), Sch 1.10[27]–[32].
Sch 3	Am 2010 (162), Sch 1.7 [11]; 2011 (363), Sch 29 [42]; 2022 (857), Sch 1.10[33].
Sch 4	Am 2010 (461), Sch 1 [1] [2]; 2010 (641), Sch 1; 2010 (712), Sch 1; 2012 (208), Sch 1 [1]–[3]; 2013 (641), Sch 1 [1]; 2021 (112), Sch 1[1][2]; 2024 (191), Sch 1.
Sch 5	Am 2011 (390), Sch 2 [2]; 2012 (25), Sch 1 [5] [6]; 2014 (351), Sch 1 [5]; 2015 (764), cl 5; 2018 (33), cl 5; 2018 (255), Sch 1 [6]; 2019 (147), cl 5; 2020 (548), cl 5; 2021 (192), Sch 1[1]–[258]; 2022 (459), Sch 1; 2023 (259), cl 5(2); 2023 (661), Sch 1; 2024 (73), Sch 1.
Dictionary	Am 2013 (641), Sch 1 [2]; 2014 (351), Sch 1 [6]; 2018 (255), Sch 1 [7]; 2021 (225), Sch 1; 2022 (185), Sch 1[3]; 2023 (554), Sch 2.43[3]; 2023 (609), Sch 1.28[2]; 2024 (656), Sch 1[6]; 2025 (600), Sch 1[7].
Maps	Am 2010 (461), cl 4; 2010 (623), cl 4; 2010 (633), cl 4; 2010 (712), cl 4; 2011 (15), cl 4; 2011 (229), cl 4; 2011 (336), cl 4; 2011 (390), cl 4 (2); 2012 (25), cl 4; 2012 (319), cl 4 (1); 2013 (641), cl 4; 2014 (225), cl 4; 2014 (351), cl 4; 2014 (433), cl 4; 2015 (280), cl 4; 2015 (295), cl 4; 2015 (384), cl 4; 2015 (470), cl 4; 2015 (471), cl 4; 2015 (582), cl 4; 2015 (731), cl 4; 2015 (764), cl 4; 2016 (42), cl 4; 2016 (507), cl 4; 2017 (94), cl 4; 2017 (203), cl 4; 2017 (255), cl 4; 2017 (681), cl 4; 2018 (33), cl 4; 2018 (48), cl 4; 2018 (119), cl 4; 2018 (255), cl 4; 2018 (599), cl 4; 2019 (147), cl 4; 2019 (378), cl 4; 2020 (52), cl 4; 2020 (165), cl 4; 2020 (548), cl 4; 2021 (112), cl 4; 2021 (192), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.