Byron Local Environmental Plan 1988

Part 1 Preliminary

1 Name of plan

This plan may be cited as Byron Local Environmental Plan 1988.

2 Aim, objectives and guiding principles

(1) Aim The aim of this plan is to promote sustainable development in Byron by furthering the objects of the Environmental Planning and Assessment Act 1979, particularly in regard to:

(a)  the application to proposed development of guiding principles for the management, development and conservation of natural and human made resources (including natural areas, forests, coastal areas, water, agricultural land, extractive resources, towns, villages and cultural amenities) for the purpose of promoting the social and economic welfare of the community, protecting ecological and cultural heritage and achieving a better environment,

(b)  the promotion and coordination of the orderly and economic use and development of land,

(c)  the provision and coordination of community services and facilities,

(d)  the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and ecological communities and their habitats, and

(e)  the provision of increased opportunity for public involvement and participation in environmental planning and assessment.

(2) Objectives The objectives of this plan are:

(a)  to enhance individual and community (social and economic) well-being by following a path of economic development that safeguards the welfare of future generations,

(b)  to provide for equity within and between generations, and

(c)  to protect biodiversity, and re-establish and enhance essential ecological processes and life support systems.

(3) Guiding principles The objectives can be achieved through the implementation of the following guiding principles:

(a)  The precautionary principle. The precautionary principle means that where there are threats of serious or irreversible damage to the community’s ecological, social or economic systems, a lack of complete scientific evidence should not be used as a reason for postponing measures to prevent environmental degradation. In some circumstances this will mean actions will need to be taken to prevent damage even when it is not certain that damage will occur.

(b)  The principle of intergenerational equity. This principle means that the present generation must ensure that the health, integrity, ecological diversity, and productivity of the environment is at least maintained or preferably enhanced for the benefit of future generations.

(c)  The principle of conserving biological diversity and ecological integrity. This principle aims to protect, restore and conserve the native biological diversity and enhance or repair ecological processes and systems.

(d)  The principle of improving the valuation and pricing of social and ecological resources. This principle means that the users of goods and services should pay prices based on the full life cycle costs (including the use of natural resources at their replacement value, the ultimate disposal of any wastes and the repair of any consequent damage).

(e)  The principle of eliminating or reducing to harmless levels any discharge into the air, water or land of substances or other effects arising from human activities that are likely to cause harm to the environment.

(f)  The principle of encouraging a strong, growing and diversified economy that promotes local self reliance, and recognises and strengthens the local community and its social capital in ways that safeguard the quality of life of future generations.

(g)  The principle of providing credible information in open and accountable processes to encourage and assist the effective participation of local communities in decision making.

cl 2: Subst 6.3.1998.

2A Implementation of aim, objectives and guiding principles

(1)  The Council shall grant consent to the carrying out of development on land to which this plan applies only where the Council is of the opinion that the carrying out of the development is consistent with the aim, objectives and guiding principles of this plan.

(2)  Before determining a development application, the Council shall have regard to the information, guidelines and recommendations in the following strategies, policies and studies adopted by the Council:

(a)  The annual State of the Environment Report.

(b)  Community Consultation and Participation Strategy.

(c)  Flora and Fauna Study.

(d)  Biodiversity Conservation Strategy.

(e)  Rural Settlement Strategy.

(f)  Small Towns and Villages Settlement Strategy.

(g)  Coastline Management Plan.

(h)  Waste Water Management Strategy.

(i)  Waste Management Strategy.

(j)  Social Impact Assessment Policy.

(k)  Economic Impact Assessment Policy.

(l)  Retail/Commercial Strategy.

(m)  Tourism Strategy.

(n)  Sustainable Future—Development Control Plan.

(o)  Any other Strategies or Policies which Council adopts to achieve the aim, objectives and guiding principles of this plan.

cl 2A: Ins 6.3.1998.

3 Land to which plan applies

(1)  Except as provided by subclause (2), this plan applies to land within the Shire of Byron as shown on the map, with the boundaries as indicated on that map.

(2)  This plan does not apply to land shown marked “Deferred” on the map.

4 Relationship to other environmental planning instruments

(1)  This plan:

(a)  repeals the environmental planning instruments referred to in subclause (2), and

(b)  amends the environmental planning instrument referred to in subclause (3).

(2)  The following environmental planning instruments are repealed:

(a)  Interim Development Order No 1—Municipality of Mullumbimby,

(b)  Byron Local Environmental Plans Nos 1–16, and

(c)  such other deemed environmental planning instruments and local environmental plans as, immediately before the appointed day, applied to the land to which this plan applies, to the extent to which those instruments and plans so applied to that land.

(3)  Interim Development Order No 1—Shire of Byron, is amended by inserting at the end of clause 1A the following words:

  

Byron Local Environmental Plan 1988.

5 Definitions

(1)  In this plan:

agriculture means:

(a)  the production of crops or fodder, or

(b)  horticulture, including fruit, vegetable and flower crop production, or

(c)  the grazing of livestock, including poultry, other birds and bees,

for commercial purposes, but does not include any cultivation or husbandry carried out on any land mainly for the personal enjoyment of or consumption by the owner or occupier of the land or (in the table to clause 9) any other land use elsewhere specifically defined in this plan.

animal establishment means a building or place used or intended for use for the intensive purposes of husbandry, boarding, training or keeping of animals, birds, fish, crustaceans, insects or the like, generally requiring the importation of feed from sources outside the land on which such development is conducted.

appointed day means the day on which this plan takes effect.

arterial road means a road indicated on the map by 2 broken parallel lines.

bed and breakfast establishment means a dwelling-house which provides temporary home-style or farm-stay accommodation for the short-term traveller and contains no more than 5 bedrooms for accommodation. Such that, dwelling-houses will have a total floor area not exceeding 300m² (excluding separate garages, sheds or the like) in which not more than 12 persons would be accommodated.

biodiversity has the same meaning as biological diversity has in the Threatened Species Conservation Act 1995.

brothel means a building or place used or designed to be used by one or more persons for the purpose of prostitution. It includes any building or place where acts of prostitution take place, irrespective of any other services which may also be provided, such as photography, massage, relaxation therapy, or other services of a like nature. Prostitution means the offering by a person of his or her body to a person of the same or different sex for sexual gratification in return for payment, and includes sexual intercourse as defined in section 61H of the Crimes Act 1900.

bushfire hazard reduction means a reduction or modification of any types of combustible material, especially ground fuel, by burning, chemical, mechanical or manual means in order to reduce the hazard of bush fires in accordance with the Bush Fires Act 1949.

caravan park means land on which caravans, other moveable dwellings, tents or camper vehicles are or are to be installed or placed.

clearing of land means the alteration of the existing environment including the vegetation, ground cover, topsoil and fauna habitat other than noxious weeds, camphor laurel or coral trees by:

(a)  the removal of the majority of vegetation in an area in excess of 1 hectare,

(b)  the reduction of the canopy or the population of any one tree species in excess of 20 per cent of an area in excess of 1 hectare, or

(c)  the removal of ground cover and topsoil of an area in excess of 1000 square metres.

community building means a building or place owned or controlled by a public authority and providing amenities for the purposes of:

(a)  a public library, rest room, meeting room or any similar place,

(b)  the provision of health services or any similar services, or

(c)  indoor recreation, child minding or any similar activity.

council means the Council of the Shire of Byron.

demolition, in relation to a building or work, means the damaging, defacing, destruction, pulling down or removal of that building or work in whole or in part.

development has the same meaning as in the Environmental Planning and Assessment Act 1979.

drive-in bank means a bank providing vehicular drive-through services.

drive-in take-away food shop means a shop selling food that can be taken off the premises for consumption or a refreshment room, in each case providing a vehicular drive-through service.

dwelling-house means a building or buildings containing one but not more than one dwelling.

environment has the same meaning as in the Environmental Planning and Assessment Act 1979.

environmental facilities means a structure or work which provides for:

(a)  nature or scientific study or display facilities such as walking tracks, board walks, observation decks, bird hides or the like, or

(b)  environmental management or restoration facilities such as those for bush regeneration, swamp restoration, erosion and run off prevention works, dunal restoration or the like.

existing holding means an allotment, lot or portion of land or the aggregation of all adjoining or adjacent allotments, lots or portions of land held continually in the same ownership, since:

(a)  in the case of land formerly governed by the provisions of Interim Development Order No 1—Shire of Byron, 8 November 1968, and

(b)  in the case of land formerly governed by the provisions of Interim Development Order No 1—Municipality of Mullumbimby, 9 November 1973.

flood liable land means land which is below the adopted flood level as determined from time to time by the council.

heritage precinct means the land contained within broken heavy black edging and marked “heritage precinct” on the map.

holiday cabin means a building containing a room or suite of rooms used, or intended to be used, for the provision of holiday accommodation only.

home office means a room or a number of rooms attached to, detached from or within a dwelling-house used by one or more professionally qualified practitioners (such as an accountant, architect, engineer, solicitor, doctor, dentist or health care professional) who are the permanent residents of the dwelling-house, where such office would not involve:

(a)  the registration of the building under the Factories, Shops and Industries Act 1962,

(b)  the employment of more than one person other than those residents,

(c)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise,

(d)  the display of goods, whether in a window or otherwise,

(e)  the exhibition of any notice, advertisement or sign (other than a notice or sign exhibited on the dwelling-house to indicate the name and occupation of the resident), or

(f)  a change in the appearance of the dwelling-house or land on which it is erected that is out of character with that of the surrounding area.

hostel means a building or buildings incorporating bedrooms or dormitory accommodation containing beds available for separate rental and where cooking, dining, laundry, cleaning, toilet, bathrooms and other facilities are all provided on a shared basis, and primarily used or intended for use for the overnight accommodation of travellers and their vehicles.

item of the environmental heritage means a building, work, relic or place of historic, scientific, cultural, social, architectural, archaeological, natural or aesthetic significance for the Shire of Byron, as identified in Schedule 2 or within a heritage precinct.

market means a fair or any other event which involves more than six stalls offering goods, arts, crafts or services which:

(a)  is operated on a temporary basis at a frequency of not more than fifteen days per year in total, and

(b)  does not involve the erection of any permanent structure, and

(c)  is managed by a community or charity based organisation, in accordance with a management plan for that fair or other event.

motel means a building or buildings containing not less than 6 motel units, substantially used or intended to be used for the overnight accommodation of travellers and their vehicles, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.

plant nursery means a building or place used for both the growing and selling of plants, whether or not ancillary products are sold in the building or place, and includes both wholesale and retail selling of plants.

primitive camping ground means land authorised to be used as a primitive camping ground by a licence issued under clause 101 of the Caravan and Movable Dwellings Ordinance.

private college means an educational establishment which is not operated by or on behalf of the Government of the State of New South Wales or the Government of the Commonwealth of Australia.

recreation area means:

(a)  a childrens playground,

(b)  an area used for sporting activities or sporting facilities,

(c)  an area used by the council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or

(d)  an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes, but does not include racecourses or showgrounds.

recreation vehicle area has the meaning ascribed to it in the Recreation Vehicles Act 1983.

relic means any deposit, object or material evidence relating to the settlement (including aboriginal habitation) prior to 1 January 1900, of the land to which this plan applies.

renovation, in relation to a building or work, means:

(a)  the making of structural changes to the inside or outside of the building or work, or

(b)  the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering or other decoration of the outside of the building or work.

Residential Development Strategy means the Byron Shire Residential Development Strategy, published by the council and the Department in 1986, as amended from time to time by agreement with the Director, a copy of which is deposited in the office of the council.

residential flat building means a building which contains 3 or more dwellings.

restricted premises means a building or place used or intended for use as a shop or office or place of assembly:

(a)  in, or on, which category 1 restricted publications or category 2 restricted publications within the meaning of the Indecent Articles and Classified Publications Act 1975 are exposed, exhibited, sold or otherwise rendered accessible or available to the public,

(b)  in, or on, which a business to which section 10 of the Indecent Articles and Classified Publications Act 1975, applies, is conducted, or

(c)  in, or on, which a business is conducted, an object of which is the display or exhibition of any article (within the meaning of the Indecent Articles and Classified Publications Act 1975), that is primarily concerned with sexual behaviour, but which is not printed matter,

but does not include a shop where the business of a newsagent or registered pharmacist is bone fide carried on.

rural tourist facility means an establishment providing for low-scale holiday accommodation, or used for recreational or educational purposes and may consist of a bed and breakfast establishment, boat landing facilities, environmental facilities, holiday cabins, horse riding facilities, a picnic ground, a primitive camping ground or a refreshment room or the like.

solar generating works means a building or place used for the purpose of making or generating electricity or other forms of energy specifically from solar generating sources for commercial purposes.

the map means the series of maps marked “Byron Local Environmental Plan 1988” as amended by the maps marked as follows:

Byron Local Environmental Plan 1988 (Amendment No 1)

Byron Local Environmental Plan 1988 (Amendment No 2)

Byron Local Environmental Plan 1988 (Amendment No 5)

Byron Local Environmental Plan 1988 (Amendment No 6) (Sheets 1 and 2)

Byron Local Environmental Plan 1988 (Amendment No 7)

Byron Local Environmental Plan 1988 (Amendment No 8)

Byron Local Environmental Plan 1988 (Amendment No 9)

Byron Local Environmental Plan 1988 (Amendment No 10)

Byron Local Environmental Plan 1988 (Amendment No 14)

Byron Local Environmental Plan 1988 (Amendment No 16)

Byron Local Environmental Plan 1988 (Amendment No 19)

Byron Local Environmental Plan 1988 (Amendment No 20)

Byron Local Environmental Plan 1988 (Amendment No 21)

Byron Local Environmental Plan 1988 (Amendment No 24)

Byron Local Environmental Plan 1988 (Amendment No 27)

Byron Local Environmental Plan 1988 (Amendment No 28)

Byron Local Environmental Plan 1988 (Amendment No 30)

Byron Local Environmental Plan 1988 (Amendment No 32)

Byron Local Environmental Plan 1988 (Amendment No 36)

Byron Local Environmental Plan 1988 (Amendment No 39)

Byron Local Environmental Plan 1988 (Amendment No 40)

Byron Local Environmental Plan 1988 (Amendment No 42)

Byron Local Environmental Plan 1988 (Amendment No 45)

Byron Local Environmental Plan 1988 (Amendment No 46)

Byron Local Environmental Plan 1988 (Amendment No 48)

Byron Local Environmental Plan 1988 (Amendment No 51)

Byron Local Environmental Plan 1988 (Amendment No 53)

Byron Local Environmental Plan (Amendment No 54)

Byron Local Environmental Plan 1988 (Amendment No 55)

Byron Local Environmental Plan 1988 (Amendment No 57)

Byron Local Environmental Plan 1988 (Amendment No 59)

Byron Local Environmental Plan 1988 (Amendment No 62)

Byron Local Environmental Plan 1988 (Amendment No 64)

Byron Local Environmental Plan 1988 (Amendment No 70)

Byron Local Environmental Plan 1988 (Amendment No 71)

Byron Local Environmental Plan 1988 (Amendment No 72)

Byron Local Environmental Plan 1988 (Amendment No 74)

Byron Local Environmental Plan 1988 (Amendment No 75)

Byron Local Environmental Plan 1988 (Amendment No 78)

Byron Local Environmental Plan 1988 (Amendment No 79)

Byron Local Environmental Plan 1988 (Amendment No 81)

Byron Local Environmental Plan 1988 (Amendment No 82)

Byron Local Environmental Plan 1988 (Amendment No 91)

Byron Local Environmental Plan 1988 (Amendment No 92)

Byron Local Environmental Plan 1988 (Amendment No 98)

tourist facilities means an establishment providing holiday accommodation or recreation and may include a boat shed, boat landing facility, holiday cabin, hotel, house-boat, marina, motel, playground, primitive camping ground, refreshment room, water sport facility or a club used in conjunction with any such facility.

veterinary establishment means a building or place used for the treatment and hospitalisation of animals and that requires registration under the Veterinary Surgeons Act 1986.

waste recycling centre means a building or place used for the collection and treatment, for re-sale or processing, of organic garden matter, glass, wood pulp products, non-ferrous metals and plastic materials, by the council or its agents.

(2)  In this plan:

(a)  a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,

(b)  a reference to a map is a reference to a map deposited in the office of the council,

a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner indicated in clause 8 as the means of identifying land of the zone so specified, and

(d)  a reference in relation to land, to the adopted flood level is a reference to the height above Australian Height Datum to which the council has determined that a flood is likely to rise in respect of that land.

cl 5: Am 9.6.1989; 14.7.1989; 1.9.1989; 20.10.1989; 30.3.1990; 20.4.1990; 21.9.1990; 2.11.1990; 2.8.1991; 31.1.1992; 25.9.1992; 8.1.1993; 15.1.1993; 23.4.1993; 3.9.1993; 5.8.1994; 2.9.1994; 11.11.1994; 13.1.1995; 14.7.1995; 21.7.1995; 12.7.1996; 9.8.1996; 1.11.1996; 12.9.1997; 20.2.1998; 27.2.1998; 6.3.1998; 17.7.1998; 31.7.1998; 11.12.1998; 26.2.1999; 15.10.1999; 3.12.1999; 25.2.2000; 10.3.2000; 17.3.2000; 31.3.2000; 12.5.2000; 18.5.2001; 8.6.2001; 15.3.2002.

6 Model Provisions

The Environmental Planning and Assessment Model Provisions 1980 are adopted for the purpose of this plan with the exception of clauses 13, 14, 15, 16, 17, 19, 23, 29 and 34 and the definitions of agriculture; arterial road, dwelling-house, gross floor area, map, motel, professional consulting rooms, residential flat buildings, retail plant nursery, and tourist facilities in clause 4 (1) and the references to “Commissioner of Main Roads” in clause 10 (2).

cl 6: Am 14.7.1989; 17.7.1998.

7 Consent authority

The council shall be the consent authority for the purposes of this plan.

Part 2 General restrictions on development of land

8 Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone:

Rural

Zone No 1 (a)—(General Rural Zone)—black edging, lettered “1 (a)” and coloured light brown.

Zone No 1 (b1)—(Agricultural Protection (b1) Zone)—black edging, lettered “1 (b1)” and coloured light brown.

Zone No 1 (b2)—(Agricultural Protection (b2) Zone)—black edging, lettered “1 (b2)” and coloured light brown.

Zone No 1 (c1)—(Small Holdings (c1) Zone)—black edging, lettered “1 (c)” and coloured light brown.

Zone No 1 (c2)—(Small Holdings (c2) Zone)—black edging, lettered “1 (c2)” and coloured light brown.

Zone No 1 (d)—(Investigation Zone)—black edging, lettered “1 (d)” and coloured light brown.

Zone No 1 (e)—(Extractive Resources Zone)—black edging, lettered “1 (e)” and coloured light brown.

Zone No 1 (f)—(Forestry Zone)—black edging, lettered “1 (f)” and coloured light brown.

Zone No 5 (b)—(High Hazard Flood Liable Zone) lettered “5 (b)” and coloured yellow.

Urban

Zone No 2 (a)—(Residential Zone)—black edging, lettered “2 (a)” and coloured light scarlet.

Zone No 2 (t)—(Tourist Area Zone)—black edging, lettered “2 (t)” and coloured light scarlet.

Zone No 2 (v)—(Village Zone)—black edging, lettered “2 (v)” and coloured light scarlet.

Zone No 3 (a)—(Business Zone)—black edging, lettered “3 (a)” and coloured light blue.

Zone No 4 (a)—(Industrial Zone)—black edging, lettered “4 (a)” and coloured purple.

Zone No 5 (a)—(Special Uses Zone)—black edging, lettered “5 (a)” and coloured yellow.

Zone No 6 (a)—(Open Space Zone)—black edging, lettered “6 (a)” and coloured dark green.

Zone No 6 (b)—(Private Open Space Zone)—black edging, lettered “6 (b)” and coloured dark green, with yellow edging.

Environmental Protection

Zone No 7 (a)—(Wetlands Zone)—black edging, lettered “7 (a)” and coloured orange.

Zone No 7 (b)—(Coastal Habitat Zone—black edging, lettered “7 (b)” and coloured orange.

Zone No 7 (c)—(Water Catchment Zone)—black edging, lettered “7 (c)” and coloured orange.

Zone No 7 (d)—(Scenic/Escarpment Zone)—black edging, lettered “7 (d)” and coloured orange.

Zone No 7 (f1)—(Coastal Lands (f1) Zone)—black edging, lettered “7 (f1)” and coloured orange.

Zone No 7 (f2)—(Urban Coastal Lands (f2) Zone)—black edging, lettered “7 (f2)” and coloured orange.

Zone No 7 (j)—(Scientific Zone)—black edging, lettered “7 (j)” and coloured orange.

Zone No 7 (k)—(Habitat Zone)—black edging, lettered “7 (k)” and coloured orange.

Zone No 8 (a)—(National Parks and Nature Reserve Zone)—black edging, lettered “8 (a)” and uncoloured with dark green edging.

Reservation

Zone No 9 (a)—(Proposed Road Zone)—black edging, lettered “9 (a)” and with a red and white band.

9 Zone objectives and development control table

(1)  The objectives of each zone are set out in the table to his clause under the heading “Objectives of Zone” appearing in the matter relating to the zone.

(2)  Except as otherwise provided by this plan, in relation to land within a zone specified in the table to this clause, the purposes (if any) for which:

(a)  development may be carried out without development consent,

(b)  development may be carried out only with development consent,

(c)  development is prohibited,

are specified under the headings “Without development consent”“Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3)  Except as otherwise provided by this plan, the council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

(4)  Development of minimal environmental impact and satisfying the provisions defining exempt development in Byron Development Control Plan No 16—Exempt and Complying Development as adopted by the Council on 23 November 1999 is exempt development.

(5)  Development is complying development if it:

(a)  is local development of a kind that can be carried out with consent on the land to which it is proposed, and

(b)  satisfies the provisions defining complying development in Byron Development Control Plan No 16—Exempt and Complying Development as adopted by the Council on 23 November 1999, and

(c)  is not an existing use as defined in the Environmental Planning and Assessment Act 1979.

(6)  Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Byron Development Control Plan No 16—Exempt and Complying Development as adopted by the Council on 23 November 1999.

(7)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Byron Development Control Plan No 16—Exempt and Complying Development adopted by the Council on 23 November 1999 as in force when the certificate is issued.

Table

Zone No 1 (a)   (General Rural Zone)

1 Objectives of zone

The objectives are:

(a)  to encourage and permit a range of uses creating a pattern of settlement, at a scale and character that maintains or enhances the natural, economic, cultural, social and scenic amenity of the rural environment of the Shire of Byron,

(b)  to encourage and permit a pattern of settlement which does not adversely affect the quality of life of residents and visitors and maintains the rural character,

(c)  to ensure development only occurs on land which is suitable for and economically capable of that development and so as not to create conflicting uses,

(d)  to allow the use of land within the zone for agricultural purposes and for a range of other appropriate purposes whilst avoiding conflict between other uses and intensive agriculture,

(e)  to identify lands (shown hatched on the map) which in the opinion of the council possess a limited capability for more intensive uses or development,

(f)  to restrict the establishment of inappropriate traffic generating uses along main road frontages other than in road side service areas,

(g)  to ensure sound management of land which has an extractive or mining industry potential and to ensure that development does not adversely affect the potential of any existing or future extractive industry,

(h)  to enable the provision of rural tourist accommodation and facilities only where such facilities are compatible with the form and density of the nature of the locality, and

(i)  to permit the development of limited light industries which do not pose any adverse environmental impact, (eg software manufacture and film processing), and

(j)  to ensure that the development and use of land shown cross-hatched on the map adjacent to areas of significant vegetation and wildlife habitat do not result in any degradation of that significant vegetation and wildlife habitat, and that any development conserves and protects and enhances the value of the fauna and flora.

2 Without development consent

Agriculture (other than animal establishments); bushfire hazard reduction; forestry.

3 Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4 Prohibited

Bulk stores; caravan parks; commercial premises (other than veterinary establishments); drive-in banks; drive-in take-away food shops; educational establishments; general industries (other than light industries using less than 100 square metres of floor area, or home, extractive or rural industries); hostels; hotels; motels; motor showrooms; recreation vehicle areas; residential flat buildings; restricted premises; shops (other than general stores); service stations; surf life saving facilities; taverns; tourist facilities; units for aged persons; warehouses.

Zone No 1 (b1)   (Agricultural Protection (b1) Zone)

1 Objectives of zone

The objectives are:

(a)  to protect and enhance the long term potential of the Shire of Byron through the preservation of the higher quality agricultural land within the zone and to restrict all forms of development within the zone which, in the opinion of the council, might prejudice such potential,

(b)  to prevent fragmentation of rural holdings and to encourage consolidation of lot sizes for the purposes of agricultural and horticultural production,

(c)  to enable agricultural support facilities to be carried out on land within the zone in a manner which does not significantly reduce the agricultural and horticultural production potential of land in the locality,

(d)  to permit subdivision only where it is considered by the council, on the advice of the Department of Agriculture, to be necessary to maintain or increase agricultural production or to allow the conduct of any use permitted in this zone other than residential buildings, or where proven demand for legitimate agricultural or horticultural holdings of a smaller size is established,

(e)  to restrict the establishment of inappropriate traffic generating uses along main road frontages,

(f)  to establish appropriate buffer zones between high quality agricultural land and other uses, particularly near the perimeter of such lands, and

(g)  to enable the provision of rural tourist accommodation and facilities only where such facilities are compatible with the form and density of the nature of the locality.

2 Without development consent

Agriculture (other than animal establishments); bushfire hazard reduction; forestry.

3 Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4 Prohibited

Bulk stores; caravan parks; car repair stations; cemeteries; clubs; commercial premises; drive-in banks; drive-in take-away food shops; educational establishments; generating works; hospitals; hostels; hotels; industries (other than light industries using less than 100 square metres of floor area, or home, extractive or rural industries); institutions; junk yards; liquid fuel depots; markets; motels; motor showrooms; recreation areas; recreation vehicle areas; residential flat buildings; restricted premises; rural tourist facilities; service stations; shops (other than general stores); surf life saving facilities; taverns; tourist facilities; transport terminals; units for aged persons; warehouses; waste recycling centres.

Zone No 1 (b2)   (Agricultural Protection (b2) Zone)

1 Objectives of zone

The objectives are the same as those for Zone No 1 (b1).

2 Without development consent

The purposes are the same as those for Zone No 1 (b1).

3 Only with development consent

The purposes are the same as those for Zone No 1 (b1).

4 Prohibited

The purposes are the same as those for Zone No 1 (b1).

Zone No 1 (c1)   (Small Holdings Zone)

1 Objectives of zone

The objectives are:

(a)  to allow development of an essentially rural nature only in areas which, in the opinion of council, have adequate provision of services, are not so located as to jeopardise the efficient and economic future expansion of urban areas and where there will be no significant impact on agricultural activities or production,

(b)  to make provision for small rural holdings in appropriate locations and in response to a genuine demand,

(c)  to maintain a rural character in areas where small holdings are permissible,

(d)  to control by means of a development control plan the location, form, character and density of permissible development, and

(e)  to ensure that no development occurs within this zone until the likely impact of the development on the locality has been considered.

2 Without development consent

Agriculture (other than animal establishments); bushfire hazard reduction; forestry.

3 Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4 Prohibited

Abattoirs; advertising structures; amusement parks; bulk stores; car repair stations; caravan parks, cemeteries; clubs; commercial premises; drive-in banks; drive-in take-away food shops; drive-in theatres; educational establishments; hospitals; hostels; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; markets; mines; motels; motor showrooms; recreation vehicle areas; residential flat buildings; rural tourist facility (other than bed and breakfast); restricted premises; road transport depots; sawmills; service stations; shops (other than general stores); stock and sale yards; surf life saving facilities; taverns; timber yards; tourist facilities; transport terminals; units for aged persons; warehouses; waste recycling centres.

Zone No 1 (c2)   (Small Holdings (c2) Zone)

1 Objectives of zone

The objectives are the same as those for Zone No 1 (c1).

2 Without development consent

The purposes are the same as those for Zone No 1 (c1).

3 Only with development consent

The purposes are the same as those for Zone No 1 (c1).

4 Prohibited

The purposes are the same as those for Zone 1 (c1).

Zone No 1 (d)   (Investigation Zone)

1 Objectives of zone

The objectives are:

(a)  to identify land which is to be investigated in respect of its suitability for rezoning for more intensive development,

(b)  to ensure that development within the zone is compatible with the anticipated future development of the land,

(c)  to ensure that development maintains the existing character of the locality and minimises disturbance to the scenic value of the escarpment and landscape through clearing, earthworks, access roads and construction of buildings,

(d)  to ensure that development does not create unreasonable or uneconomic demands, or both, for provision or extension of public amenities or services,

(e)  to identify land to be investigated for use as roadside service areas following the completion of planned road bypasses or road upgrading, and

(f)  to identify land requiring protection of significant vegetation and wildlife habitats, and to ensure that development does not adversely affect the integrity of the environment.

2 Without development consent

Agriculture (other than animal establishments); bushfire hazard reduction.

3 Only with development consent

Advertising structures; bed and breakfast establishments; clearing of land; dwelling-houses; environmental facilities; extractive industries; home industries; recreation areas; retail plant nurseries; roads; roadside stalls; utility installations.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 1 (e)   (Extractive Resources Zone)

1 Objectives of zone

The objectives are:

(a)  to identify and ensure sound management of land which has an extractive or mining industry potential,

(b)  to ensure that development on land within the zone is compatible with development for extractive industry and does not adversely affect the potential of any existing or future development of the land for extractive industry,

(c)  to include land within the zone necessary to provide a buffer area around extractive resources,

(d)  to require a management plan for quarries which designate that part of the property which is the operational portion of the quarry and that part which forms the buffer area. (The Management Plan shall also assess the environmental impact of noise and dust, pollution, visual impact, conflict with adjoining land uses, traffic generation and alternative methods of extraction).

2 Without development consent

Agriculture; bushfire hazard reduction.

3 Only with development consent

Clearing of land; dwelling-houses; environmental facilities; extractive industries; forestry; home industries; industries (other than offensive or hazardous industries); open space; recreation vehicle areas; retail plant nurseries; roads; utility installations.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 1 (f)   (Forestry Zone)

1 Objectives of zone

The objectives of this zone are to identify land for forestry purposes and to ensure that siltation of streams does not occur in areas required for water catchments.

2 Without development consent

Any purpose authorised under the Forestry Act 1916, or any purpose ancillary or incidental to such purpose; bushfire hazard reduction.

3 Only with development consent

Utility installations.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 2 (a)   (Residential Zone)

1 Objectives of zone

The objectives are:

(a)  to make provision for certain suitable lands, both in existing urban areas and new release areas, to be used for the purposes of housing and associated neighbourhood facilities of high amenity and accessibility,

(b)  to encourage a range of housing types in appropriate locations,

(c)  to enable development for purposes other than residential purposes only if it is compatible with the character of the living area and has a domestic scale and character, and

(d)  to control by means of a development control plan the location, form, character and density of permissible development.

2 Without development consent

Bushfire hazard reduction.

3 Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4 Prohibited

Abattoirs; advertising structures; aerodromes; animal establishments; bulk stores; car repair stations; cemeteries and crematoriums; clubs; commercial premises; drive-in banks; drive-in takeway food shops; drive-in liquor shops; drive-in theatres; extractive industries; forestry; generating works; heliports; hotels industries (other than home industries); institutions; junk yards; liquid fuel depots; markets; mines; motor showrooms; recreation vehicle areas; restricted premises; retail plant nurseries; roadside stalls; rural industries; rural tourist facilities; sawmills; service stations; shops (other than general stores and shops listed in Schedule 3), stock and sale yards; surf life saving facilities; taverns; timber yards, tourist facilities; transport terminals; warehouses.

Zone No 2 (t)   (Tourist Area Zone)

1 Objectives of zone

The objectives are:

(a)  to identify land for tourist infrastructure and to encourage tourist accommodation and facilities,

(b)  to permit tourist development and uses associated with, ancillary to, or supportive of, tourist developments including retailing and service facilities where such facilities are an integral part of the tourist development and are of a scale relative to the needs of that development, and

(c)  to control by means of a development control plan the location, form, character and density of permissible development.

2 Without development consent

Bushfire hazard reduction.

3 Only with development consent

Advertising structures; agriculture; amusement parks; child care centres; clearing of land; clubs; community buildings; draining; environmental facilities; hotels; home occupations; motels; places of public assembly; recreation areas; recreation establishments; roads; tourist facilities; shop and commercial premises referred to in Schedule 4; taverns; transport terminals; utility installations.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 2 (v)   (Village Zone)

1 Objectives of zone

The objectives are:

(a)  to make provision for certain suitable lands to be used for small rural village purposes or integrated newly developing residential neighbourhoods,

(b)  to encourage a range of housing types in appropriate locations,

(c)  to enable development for retail commercial and service purposes for the local and nearby rural community in appropriate locations within the zone where the scale and type of development is compatible with living areas,

(d)  to ensure that development does not take place unless adequate provision is made for water supply and sewerage disposal, and the likely impact of the development on the locality has been considered,

(e)  to ensure by means of a development control plan the location, form, character and density of permissible development, and

(f)  to ensure that new development retains and enhances the existing village character or proposed residential neighbourhood character.

2 Without development consent

Bushfire hazard reduction.

3 Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4 Prohibited

Abattoirs; animal establishments; cemeteries; drive-in banks; drive-in take-away food shops; extractive industries; junk yards; liquid fuel depots; mines; offensive or hazardous industries; recreation vehicle areas; restricted premises; sawmills; stock and sale yards; surf life saving facilities; timber yards.

Zone No 3 (a)   (Business Zone)

1 Objectives of zone

The objectives are:

(a)  to encourage the development and expansion of business activities which will contribute to economic growth and employment opportunities within the Shire of Byron,

(b)  to facilitate the establishment of retail, commercial, tourist and professional services to meet the needs of the community and which are compatible within the surrounding urban environment,

(c)  to permit non-commercial development within the zone where such development is compatible with the commercial character of the locality,

(d)  to allow detailed provisions to be made, by means of a development control plan, to set aside specific areas within the zone for particular intensities of commercial, retail and other uses,

(e)  to ensure there is adequate provision for car parking facilities within the vicinity of the zone, and

(f)  to minimise conflicts between pedestrians and vehicular movement systems within the vicinity of the zone.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4 Prohibited

Abattoirs; caravan parks; cemeteries and crematoriums; drive-in banks; drive-in take-away food shops; dwelling-houses or residential flat buildings other than those physically attached to or used on conjunction with purposes permissible with development consent; extractive industries; gas holders; generating works; heliports; hospitals; industries (other than light industries); institutions; junk yards; liquid fuel depots; mines; recreation vehicle areas; roadside stalls; rural tourist facilities; sawmills; stock and sale yards; surf life saving facilities; timber yards; transport terminals (other than bus stations and bus depots); waste recycling centres.

Zone No 4 (a)   (Industrial Zone)

1 Objectives of zone

The objectives are:

(a)  to set aside certain land for the purposes of industry within convenient distances of the urban centres of the Shire of Byron and with good access to arterial roads,

(b)  to enable certain forms of development compatible with or ancillary to the industrial uses of the land,

(c)  to allow detailed provision to be made, by means of a development control plan, to set aside specific areas within the zone for different industry types and intensities of development,

(d)  to ensure industrial development creates areas which are pleasant to work in, safe and efficient in terms of transportation, land utilisation and service distribution, and

(e)  to permit tourist facilities where it can be demonstrated that the development is ancillary to the industrial use of the land.

2 Without development consent

Bushfire hazard reduction.

3 Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4 Prohibited

Bed and breakfast establishments; boarding-houses; caravan parks; commercial premises (other than veterinary establishments and other commercial premises used in conjunction with an industry or situated on the same land as an industry or any other commercial land use included in Schedule 5); drive-in banks; drive-in take-away food shops; dwelling-houses (other than used in conjunction with industry and situated on the same site as the industry); educational establishments; extractive industries; hospitals; hotels; institutions; markets; mines; motels; public buildings; recreation vehicle areas; residential flat buildings (other than those used in conjunction with industry and situated on the same site as the industry); rural tourist facilities; shops (other than those situated on land on which industry is conducted and used for the purpose of the sale of goods manufactured on the land or those referred to in Schedule 5); stock and sale yards; surf life saving facilities; tourist facilities (other than those used in conjunction with an industry and situated on the same land as the industry); units for aged persons.

Zone No 5 (a)   (Special Uses Zone)

1 Objectives of zone

The objectives of this zone is to designate land for certain community facilities and services including areas for off-street parking in private ownership.

2 Without development consent

Bushfire hazard reduction.

3 Only with development consent

Drainage; markets; roads; the particular purpose indicated by black lettering on the map; utility installations; any other public purpose.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 5 (b)   (High Hazard Flood Liable Zone)

1 Objective of zone

The objectives are:

(a)  to identify land within the high hazard flood storage or flood way area which has little potential for any development and which should be kept free of development liable to be damaged by flood waters and development which is likely to adversely affect the flow of flood waters, and

(b)  to ensure the proper management of land within this zone which is of environmental significance by prohibiting or controlling development likely to have an adverse effect on the environmental value of that land.

2 Without development consent

Agriculture (other than animal establishments); bushfire hazard reduction.

3 Only with development consent

Environmental facilities; recreation areas; roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 6 (a)   (Open Space Zone)

1 Objectives of zone

The objectives are:

(a)  to ensure that there is adequate provision of both active and passive open space to serve the present and future recreational needs of residents and visitors,

(b)  to identify land where existing recreation facilities for the general use of the community are provided,

(c)  to provide opportunities to enhance the total environmental quality of the Shire of Byron,

(d)  to encourage plans of management for Crown Lands as required by the Local Government Act 1919.

2 Without development

Works for the purposes of landscaping, gardening and bushfire hazard reduction.

3 Only with development consent

Agriculture (other than animal establishments); child care centres; cycleways; drainage; environmental facilities; markets; parking; picnic grounds; primitive camping grounds; recreation areas; refreshment rooms; roads; recreation vehicle areas; showgrounds; utility installations.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 6 (b)   (Private Open Space Zone)

1 Objectives of zone

The objective is to identify private land which is set aside for recreational and environmental purposes.

2 Without development consent

Work for the purposes of landscaping, gardening or bushfire hazard reduction.

3 Only with development consent

Agriculture; bowling greens; clearing of land; clubs; commercial premises required in connection with a purpose referred to in this item; cycleways; drainage; dwelling-houses required for use or occupation by persons employed in connection with a purpose referred to in this item; environmental facilities; golf courses; markets; public utility installations; racecourses; recreation areas; recreation vehicle areas; refreshment rooms ancillary to a purpose for which development consent has been granted; showgrounds.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 7 (a)   (Wetlands Zone)

1 Objectives of zone

The objectives are:

(a)  to identify all lands covered by State Environmental Planning Policy No 14—Coastal Wetlands,

(b)  to identify and preserve estuaries and wetlands and allow them to continue to function as feeding and breeding areas for wildlife, shellfish and fish,

(c)  to prohibit development within the zone that is likely to have a detrimental effect on the habitat or landscape qualities or the flood mitigation function of the wetlands,

(d)  to enable development of public works and environmental facilities where such development would not have a significant detrimental effect on the habitat or landscape qualities of the wetland and other significant coastal habitat areas, and

(e)  to prohibit the clearing land except for the careful control of noxious plants by means not likely to be significantly detrimental to the native ecosystem.

2 Without development consent

Nil.

3 Only with development consent

Agriculture (other than animal establishments); building of levees; bushfire hazard reduction; clearing of land; environmental facilities; drains; home industries. oyster farming; passive recreation; primitive camping grounds; roads; utility installations.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 7 (b)   (Coastal Habitat Zone)

1 Objectives of zone

The objectives are:

(a)  to identify coastal habitats (being wetlands, heath, sedge, marshland, rainforest types, schlerophyl forest and the like) of local significance,

(b)  to identify and preserve estuaries and other significant coastal habitat areas, wetlands and allow them to continue to function as feeding and breeding areas for wildlife, shellfish and fish,

(c)  to prohibit development within the zone that is likely to have a detrimental effect on the habitat or landscape qualities or the flood mitigation function of significant coastal habitat areas, including wetlands,

(d)  to enable development of public works and environmental facilities where such development would not have a significant detrimental effect on the habitat or landscape qualities of the wetland and other significant coastal habitat areas, and

(e)  to prohibit the clearing of land except for the careful control of noxious plants by means not likely to be significantly detrimental to the native ecosystem.

2 Without development consent

Nil.

3 Only with development consent

Agriculture (other than animal establishments); building of levees; bushfire hazard reduction; clearing of land; environmental facilities; drains; home industries; oyster farming; passive recreaiton; primitive camping grounds; roads; utility installations.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 7 (c)   (Water Catchment Zone)

1 Objective of zone

The objectives are:

(a)  to prevent development within the catchment of existing or future water supply systems which would have a significant detrimental effect on the quality or quantity of the water supply,

(b)  to ensure that development maintains the rural character of the locality and minimises disturbances to the landscape through clearing, earthworks and access roads so as to avoid erosion,

(c)  to ensure that development does not create unreasonable or uneconomic demands, or both, for provision or extension of public amenities or services,

(d)  to enable the carrying out of appropriate uses on the land within the zone in a sound manner which conserves or enhances the environmental amenity of the locality, and

(e)  to ensure land uses which use pesticides and herbicides or other pollutants are kept to a minimum to maintain the quality of run off water.

2 Without development consent

Agriculture (other than animal establishments).

3 Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4 Prohibited

Abattoirs; advertising structures; aerodromes; animal establishments; bulk stores; bus depots; car repair stations; caravan parks; clubs; commercial premises; drive-in banks; drive-in take-away food shops; drive-in theatres; educational establishments; garbage disposal areas; hospitals; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; markets; mines; motels; motor showrooms; recreation vehicle areas; residential flat buildings; restricted premises; rural tourist facilities; sawmills; service stations; shops (other than general stores); stock an sale yards; taverns; transport terminals; warehouses; waste recycling centres.

Zone No 7 (d)   (Scenic/Escarpment Zone)

1 Objectives of zone

The objectives are:

(a)  to protect and enhance the scenic qualities of the Shire of Byron which enhance the visual amenity by controlling the choice and colour of building materials, position and bulk of buildings, access roads and landscaping,

(b)  to prohibit development within the zone that is likely to have a visually disruptive effect on the scenic quality and visual amenity of the Shire,

(c)  to enable development for certain purposes where such development would not have a detrimental effect on the scenic quality and visual amenity of the Shire, and

(d)  to minimise soil erosion from escarpment areas and prevent development in geologically hazardous zones.

2 Without development consent

Nil.

3 Only with development consent

Agriculture; bed and breakfast establishments; bushfire hazard reduction; car parks; clearing of land; drainage; dwelling-houses; environmental facilities; home industries; passive recreation; primitive camping grounds; refreshment rooms; roads; utility installations.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 7 (f1)   (Coastal Land Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to identify and protect environmentally sensitive coastal land,

(b)  to enable development for certain purposes where such development does not have a detrimental effect on the habitat, landscape or scenic quality of the locality, and

(c)  to prevent development which would adversely affect, or be adversely affected by, coastal processes.

2 Without development consent

Nil.

3 Only with development consent

Agriculture (other than animal establishments); beach amenities; beach and coastal restoration works; building of levees, drains or clearing of land; bushfire hazard reduction; clearing of land; community buildings; drainage; environmental facilities; forestry; home industries; markets; open space; passive recreation; roads; primitive camping grounds; surf lifesaving facilities; utility installations.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 7 (f2)   (Urban Coastal Land Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to identify urban land likely to be influenced by coastal processes,

(b)  to permit urban development within the zone subject to the council having due consideration to the intensity of that development and the likelihood of such development being adversely affected by, or adversely affecting, coastal processes,

(c)  to permit urban development within the zone subject to the council having due consideration to:

(i)  the need to relocate buildings in the long term,

(ii)  the need for development consent to be limited to a particular period,

(iii)  the form, bulk, intensity and nature of the development, and

(iv)  continued safe public access to the site, and

(d)  to allow detailed provisions to be made, by means of a development control plan, to set aside specific areas within the zone for different land uses and intensities of development.

2 Without development consent

Bushfire hazard reduction.

3 Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4 Prohibited

Abattoirs; advertising structures; aerodromes; bulk stores; car repair stations; cemeteries and crematoriums; drive-in banks; drive-in take-away food shops; extractive industries; forestry; gas holders; generating works (including solar generating works); heliports; industries (other than light industries); institutions; junk yards; liquid fuel depots; mines; motor showrooms; recreation vehicle areas; roadside stalls; rural tourist facilities; sawmills; service stations; stock and sale yards; timber yards; warehouses; waste recycling centres.

Zone No 7 (j)   (Environmental Protection Scientific Zone)

1 Objectives of zone

The objectives are:

(a)  to identify and protect areas of scientific interest,

(b)  to restrict and control development within the zone to that which is related to the scientific interest,

(c)  to prohibit any activity likely to have a detrimental effect on the site,

(d)  to encourage passive recreation and an understanding of natural systems where this will not have any detrimental effect on the site, and

(c)  to enhance the visual quality of the landscape.

2 Without development consent

Nil.

3 Only with development consent

Bushfire hazard reduction; environmental facilities.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 7 (k)   (Habitat Zone)

1 Objectives of zone

The objectives are:

(a)  to identify and protect significant vegetation and wildlife habitats for conservation purposes,

(b)  to prohibit development within the zone that is likely to have a detrimental effect on the wildlife habitats which exist, and

(c)  to enable the carrying out of development which would not have a significant detrimental effect on the wildlife habitats.

2 Without development consent

Nil.

3 Only with development consent

Agriculture (other than animal establishments and clearing of land); bushfire hazard reduction; environmental facilities; home industries; open space; primitive camping grounds; roads; utility installations.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 8 (a)   (National Parks and Nature Reserve Zone)

1 Objectives of zone

The objectives are:

(a)  to set aside certain lands for any purpose under the National Parks and Wildlife Service Act 1974, and purposes incidental thereto, and

(b)  to identify, preserve and manage national parks, nature reserves, station recreation areas and Aboriginal areas for conservation and recreation purposes and permit development of lands as deemed appropriate by the Director of National Parks and Wildlife.

2 Without development consent

Development carried out by or on behalf of the National Parks and Wildlife Service under the National Parks and Wildlife Act 1974, or any purpose ordinarily incidental or subsidiary to that development.

3 Only with development consent

Nil.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 9 (a)   (Proposed Road Zone)

1 Objectives of zone

The objective of this zone is to set aside land (being land that the council or a Government instrumentality intends to acquire) for various proposed roads.

2 Without development consent

Bushfire hazard reduction.

3 Only with development consent

In the case of land to be acquired for the purpose of arterial roads—arterial roads.

In the case of land to be acquired for the purpose of local road widening—drainage; local roads; recreation areas; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3.

cl 9: Am 17.3.2000.

cl 9, table: Am 14.7.1989; 20.10.1989; 2.11.1990; 8.1.1993; 17.7.1998; 11.12.1998; 17.3.2000.

Part 3 Special provisions

Division 1 Subdivision and dwelling-houses

10 Subdivision generally

(1)  A person shall not subdivide land to which this plan applies except with the consent of the council.

(2)  However, consent is not required for a subdivision under the Strata Schemes (Freehold Development) Act 1973 of a building if the land on which the building is erected is not within Zone No 1 (a), 1 (b1), 1 (b2), 1 (c2), 1 (d), 7 (a), 7 (b), 7 (c), 7 (d), 7 (f1), 7 (j) or 7 (k) and if:

(a)  the building has been constructed in accordance with a consent granted on or after 22 April 1988, or

(b)  the building was lawfully constructed without consent before this subclause commenced, whether or not in accordance with a building approval.

cl 10: Subst 17.7.1998.

11 Subdivision in rural areas for agriculture etc

(1)  The council shall not consent to the subdivision of land for agriculture, forestry, a dwelling-house or a rural workers dwelling within the zones shown in Column 1 of the Table to this clause unless the area of each of the allotments to be created is not less than that shown opposite that zone in Column 2 of the Table and, in the opinion of the council, each allotment is of satisfactory shape and has a satisfactory frontage.

Column 1	Column 2
Zone	Minimum Area ha
Rural 1 (a) General Rural Zone	40
Rural 1 (b1) Agricultural Protection (“b1”) Zone	40
Rural 1 (b2) Agricultural Protection (“b2”) Zone	20
Rural 1 (c1) Small Holdings (“c1”) Zone	0.4
Rural 1 (c2) Small Holdings (“c2”) Zone	0.2
Rural 1 (d) Investigation Zone	40
Environmental Protection 7 (a) Wetlands Zone	40
Environmental Protection 7 (b) Coastal Habitat Zone	40
Environmental Protection 7 (c) Water Catchment Zone	40
Environmental Protection 7 (d) Scenic/Escarpment Zone	40
Environmental Protection 7 (f1) Coastal Lands Zone	40
Environmental Protection 7 (j) Scientific Zone	40
Environmental Protection 7 (k) Habitat Zone	40

(2)  Notwithstanding subclause (1), the council may only consent to:

(a)  the subdivision of any land within Zone No 1 (c1) where the number of allotments to be created by the subdivision for the purpose of a dwelling-house is not greater than the area of land divided by 2.5, and

(b)  the subdivision of any land within Zone No 1 (c2) shown unhatched on the map—where the number of allotments to be created by the subdivision for the purpose of a dwelling-house is not greater than the area of land divided by 0.8, and

(c)  the subdivision of any land within Zone No 1 (c2) shown hatched on the map—where the number of allotments to be created by the subdivision for the purpose of a dwelling-house is not greater than the area of land divided by 0.4.

(3)  In this clause:

land means a parcel or parcels of land held under a separate title on the appointed day.

cl 11: Am 14.7.1989.

11A Restriction on number of allotments of land within Zones No 1 (c1) and 1 (c2)

(1)  This clause applies to land within Zone No 1 (c1) or 1 (c2).

(2)  The Council must not consent to a subdivision for the purpose of rural residential development:

(a)  if the subdivision will result in the creation of a number of allotments of land to which this clause applies during a 5-year period to be used for that purpose which will exceed the maximum number of allotments specified by the council for that period with the agreement of the Director, or

(b)  if there is no maximum number so specified for the current 5-year period.

cl 11A: Ins 14.7.1995.

11B Development of certain land at Coorabell

(1)  This clause applies to certain land at Coorabell, within Zone No 1 (c1) and shown stippled on the map marked “Byron Local Environmental Plan 1988 (Amendment No 54)”.

(2)  The Council shall not consent to the subdivision of land to which this clause applies for the purpose of agriculture, forestry, a dwelling-house or a rural worker’s dwelling, unless the area of each of the allotments to be created is not less than 40 hectares.

cl 11B: Ins 12.9.1997.

12 Subdivision in rural areas for certain other purposes

(1)  The council may consent to the subdivision of land within any Rural Zone to create an allotment for a purpose lawfully permitted within that zone (other than agriculture, forestry, a dwelling-house or a rural workers dwelling), where such allotment is:

(a)  of a satisfactory shape and frontage for the purpose for which it is intended,

(b)  does not cause a traffic hazard or creates or tends to create ribbon development along a road, and

(c)  lawfully used for a purpose other than agriculture, forestry, or a dwelling-house by reason of the substantial commencement of that use for which development consent has been obtained.

(2)  Notwithstanding subclause (1), the council may consent to the erection of a dwelling on an allotment of land subdivided in accordance with consent referred to in this clause if:

(a)  the council is satisfied that the dwelling will be ancillary to the use of the land for a purpose (other than agriculture, forestry, a dwelling-house or a rural workers dwelling) for which development consent has been granted, and

(b)  that the dwelling is necessary for that use.

(3)  The council may, with the concurrence of the Director General of Agriculture, consent to the subdivision of land within Zone No 1 (b2) (Agriculture Protection Zone) where the area of each allotment to be created by the subdivision is not less than 13 hectares.

(4)  In deciding whether to grant concurrence referred to in subclause (3), the matters which the Director General of Agriculture shall take into consideration are:

(a)  the area and quality of the land and its potential agricultural productivity,

(b)  the likely effects, both economic and otherwise, that the proposed subdivision will have on agricultural industries in the area and the resources employed by or in connection with those industries,

(c)  the likely effects, both economic and otherwise, that the proposed subdivision will have on the use and development of other land and resources in the area,

(d)  whether there are any reasonable alternatives to the proposed subdivision in the circumstances,

(e)  the effect of the existence of, or potential to erect, a dwelling,

(f)  the cumulative effect of similar proposals if concurrence is granted,

(g)  the likelihood of the proposed allotments remaining available for agricultural use, and

(h)  the adequacy of the water supply to the proposed allotments.

13 Closer rural settlement

(1)  This clause applies to and within Zones Nos 1 (c1) and 1 (c2).

(2)    (Repealed)

(3)  Subject to clause 11, the council may consent to the subdivision of land within Zone No 1 (c2) where:

(a)  a reticulated town water supply can be provided to the land, and

(b)  the subdivision is linked by a bitumen sealed road to the nearest urban service centre.

(4)  In this clause:

land means a parcel of land held under a separate title on the appointed day.

cl 13: Am 17.7.1998.

14 Residential areas and rural villages

(1)  This clause applies to land within Zones Nos 2 (a), 2 (t), 2 (v) and 7 (f2).

(2)    (Repealed)

(3)  The council shall not consent to the subdivision of the land in West Suffolk Park as shown on the map marked “Byron Local Environmental Plan 1988 (Amendment No 2)” unless drainage works have been constructed in those areas shown hatched on the map marked “Byron Local Environmental Plan 1988 (Amendment No 2)” to the satisfaction of the council’s chief engineer.

(4)  After 3 years from 10 December 1991, the council shall not consent to the subdivision of land within Zone No 2 (a) in the Bangalow area, as shown on the map marked “Byron Local Environmental Plan 1988 (Amendment No 2)”, unless subdivision approval under the Local Government Act 1919 has been given for the creation of at least 20 allotments of land within that zone in that area as shown on that map.

(5)  In subclause (6), original holding means a lot in a current plan (within the meaning of section 327AA (1) of the Local Government Act 1919) on the appointed day.

(5A)  The Council may only consent to the subdivision of the land in Ocean Shores shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 59)” into 2 allotments, with no more than one dwelling-house on each allotment so created.

(6)  The Council may consent to a subdivision of all or part of an original holding at Suffolk Park within Zone No 2 (a) shown hatched on the map marked “Byron Local Environmental Plan 1988 (Amendment No 19)” only if:

(a)  the total number of allotments into which, after the subdivision, the original holding will be divided, will not exceed the number obtained by multiplying the area of the original holding in hectares by 5, and

(b)  the Council is satisfied that the maximum possible number of trees will be retained on each proposed allotment.

(7)  The council shall not consent to subdivision of land within Zone No 7 (f2) other than a subdivision under the Strata Schemes (Freehold Development) Act 1973.

cl 14: Am 9.6.1989; 15.1.1993; 3.9.1993; 20.2.1998; 17.7.1998.

15 Dwelling-houses

(1)  This clause applies to land within Zone No 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2) 1 (d), 7 (c) or 7 (d).

(2)  The council may, where no dwelling exists on land to which this clause applies, consent to the erection of a dwelling-house on the land if the land is:

(a)  an existing holding, or

(b)  an allotment created in accordance with clause 11 11B, 12 (3) or 13, or

(c)  a lot or portion referred to in Schedule 7 or, if a deposited plan is referred to in that Schedule without reference to any particular lot or lots in it, any of the lots in the deposited plan so referred to.

(3)  The council shall not consent to the erection of a dwelling-house in accordance with this clause unless it has satisfied itself that the dwelling will have adequate access and services and will not cause significant adverse environmental impact.

cl 15: Subst 14.7.1989. Am 2.11.1990; 12.9.1997; 17.7.1998; 17.3.2000.

15A (Repealed)

cl 15A: Ins 17.7.1998. Rep 17.3.2000.

16 Rural workers’ dwellings

(1)  This clause applies to land within Zones Nos 1 (a), 1 (b1), 1 (b2), 1 (d), 7 (c) or 7 (d).

(2)  The council shall not consent to the erection of a rural workers’ dwelling on land to which this clause applies unless:

(a)  the erection of the additional dwelling will not impair the suitability of the land for agriculture,

(b)  the needs of existing agriculture genuinely require that rural workers reside on the land,

(c)  any other rural workers’ dwellings on the land are being used by persons substantially engaged in agricultural employment on that land, and

(d)  the rural worker to occupy the dwelling is to be employed by the owner of the land.

(3)  A rural worker’s dwelling may, with the consent of the council, be erected on a parcel of land to which this clause applies on which a rural worker’s dwelling is already in existence if the number of such dwellings does not exceed one for each 40 hectares of land contained within the parcel.

17 Dual occupancy

(1)  This clause applies to land within Zones Nos 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2), 1 (d), 2 (a), 2 (t), 2 (v), 7 (c), 7 (d) and 7 (f2).

(2)  In this clause, dual occupancy building means a building containing 2 dwellings.

(3)  Where in accordance with clause 9, development for the purpose of a dwelling-house may be carried out on an allotment of land within Zones Nos 2 (a), 2 (t), 2 (v) or 7 (f2), a person may, with the consent of council:

(a)  erect a dual occupancy building on the allotment of land,

(b)  alter or add to a dwelling-house erected on the allotment of land so as to create a dual occupancy building,

(c)  erect 2 dwelling-houses on the allotment, or

(d)  erect a dwelling-house in addition to one already erected on the allotment,

if, but only if, not more than 2 dwellings will be created or result on the allotment.

(4)  Where, in accordance with clause 9, development for the purpose of a dwelling-house may be carried out on an allotment of land within Zones Nos 1 (a), 1 (b), 1 (c1), 1 (c2), 1 (d), 7 (c) or 7 (d) to which this clause applies, a person may with the consent of the council:

(a)  erect a dual occupancy building on the allotment of land, or

(b)  alter or add to a dwelling-house erected on the allotment of land so as to create a dual occupancy building.

(5)  The council shall not grant consent as referred to in subclause (3) or (4) unless it is satisfied that arrangements satisfactory to it have been made for the provision of a water supply to each dwelling and for the disposal of sewage and stormwater from each dwelling and:

(a)  in a case where the development will result in the creation of 2 attached dwellings, the area of the allotment on which the dwellings are or will be erected is not less than 400 square metres, or

(b)  in a case where the development will result in the creation of 2 separate dwellings, the area of the allotment on which the dwellings are or will be erected is not less than 600 square metres.

(6)  Except as provided by subclause (7), the council shall not grant consent as referred to in subclause (3) or (4) unless the floor space ratio of any building on the land will not exceed 0.5:1.

(7)  Where:

(a)  an application is made to the council in accordance with subclause (3) or (4) to alter or add to a dwelling-house to create a dual occupancy building, and

(b)  the floor space ratio of the dwelling-house before it is altered or added to exceeds 0.5:1,

the council may consent to the application if the floor space ratio of the dual occupancy building to be created is not more than the floor space ratio of the dwelling-house before the alteration or addition.

(8)  Where, in accordance with this clause, a dual occupancy building is erected or created, or is proposed to be erected or created, on land within a rural zone, the separate occupation of the several lots illustrated by a proposed strata plan relating to that building is prohibited.

(9)  In this clause:

floor space ratio, in relation to a building, means the ratio of the total gross floor area of the building to the site area of the land on which the building is or is proposed to be erected.

cl 17: Am 14.7.1989.

17A Multiple occupancy

(1)  This clause applies to land shown edged in heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 67)” deposited in the office of the council (the Amendment No 67 land) and to land referred to in Schedule 10 (the Schedule 10 land).

(2)  The objectives of this clause are:

(a)  to enable:

(i)  people to collectively own a single allotment of land and use it as their principle place of residence, and

(ii)  the erection of multiple dwellings on the allotment and the sharing of facilities and resources, and

(iii)  the collective environmental repair and management of the allotment, and

(iv)  the pooling of resources to economically develop a wide range of communal rural living opportunities, and

(b)  to facilitate closer rural settlement in a clustered style in a manner that:

(i)  protects the environment, and

(ii)  does not create an unreasonable demand for the provision of services or a demand for the uneconomic provision of services, and

(iii)  does not involve subdivision, creation of strata titles or any other form of separate land title for individual dwellings and does not involve separate legal rights of ownership of determined parts of the land through other means such as agreements, dealings, company shares, trusts or time-sharing arrangements, and

(c)  to implement the aims, guiding principles, guidelines and performance standards for rural settlement in the Byron Rural Settlement Strategy 1998, available from the office of the council.

(3)  The council may grant consent:

(a)  in the case of a parcel of the Amendment No 67 land—to development for the purpose of not more than 6 to 15 dwellings-houses (inclusive of any existing dwellings) on that parcel, and

(b)  in the case of each parcel of Schedule 10 land identified in that Schedule—to development for the purpose of not more than the number of dwellings indicated for that parcel in Schedule 10 (inclusive of any existing dwellings) on that parcel.

(4)  Such a consent may be granted only if:

(a)  the parcel of land comprises a single allotment, and

(b)  except in the case of a parcel of Schedule 10 land, the area of the parcel is not less than 20 hectares, and

(c)  the council is satisfied that the land will be managed in accordance with the following, both prepared to the council’s satisfaction and addressing the issues specified in the Byron Rural Settlement Strategy 1998:

(i)  a Rural Landsharing Management Plan, and

(ii)  an Environmental Enhancement and Management Plan, and

(d)  the council has taken into account an Environmental Impact Assessment Report addressing the issues specified for such a report in the Byron Rural Settlement Strategy 1998, and

(e)  in the case of an allotment of the Amendment No 67 land:

(i)  the number of dwelling-houses (inclusive of any existing dwellings) on the allotment will not exceed one dwelling-house for each 3 hectares of the total area of the allotment, and

(ii)  for each such dwelling-house there is not less than one hectare of developable land identified in accordance with the Byron Rural Settlement Strategy 1998, and

(f)  the location of the dwelling-houses (excluding any existing dwelling or dwellings) is in a clustered style in accordance with the Byron Rural Settlement Strategy 1998.

(5)  If the council grants consent in accordance with this clause to development on a parcel of land which this clause applies, subdivision of that parcel (including subdivision under the Community Land Development Act 1989 or subdivision by means of a strata plan or a strata plan of subdivision within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986) is prohibited.

cl 17A: Ins 1.5.1992. Am 17.7.1998. Subst 10.12.1999.

Division 2 Environmental heritage

18 Items of the environmental heritage

A person shall not, in respect of a building, work, relic or place that is an item of the environmental heritage:

(a)  demolish, renovate or extend that building or work,

(b)  damage or despoil that relic or place or any part of that relic or place,

(c)  excavate any land for the purposes of exposing or removing that relic,

(d)  erect a building on the land on which that building, work or relic is situated or on the land which comprises that place, or

(e)  subdivide the land on which that building, work or relic is situated or the land which comprises that place,

except with the consent of the council.

19 Development relating to certain heritage items

(1)  This clause applies to those buildings, works, relics and places which are items of the environmental heritage.

(2)  The council shall not grant consent to a development application in respect of any item of the environmental heritage to which this clause applies unless it has made an assessment of:

(a)  the significance of the item as an item of the environmental heritage of the Shire of Byron,

(b)  the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the item and its site,

(c)  whether any stylistic, horticultural or archaeological features of the item or its setting should be retained,

(d)  whether the item constitutes a danger to the users or occupiers of that item or to the public, and

(e)  where the item is a building:

(i)  the colour, texture, style, size and type of finish of any materials to be used on the exterior of the building and the effect which the use of those materials will have on the appearance of the exterior of the building and any other building in the neighbourhood,

(ii)  the style, size, proportion and position of openings for any windows and doors which will result from, or be affected by, the carrying out of the development, and

(iii)  the pitch and form of the roof of the building.

20 Development incentive relating to heritage items

Nothing in this plan prevents the council from granting consent:

(a)  to the use, for any purpose, of the land on which a building is erected, or

(b)  to the use, for any purpose, of a building that is an item of the environmental heritage or of the land on which that building is erected,

where the council is satisfied that:

(c)  the use would have little or no adverse effect on the amenity of the neighbourhood, and

(d)  conservation of the building depends upon the council granting consent in pursuance of this clause.

21 Heritage Council to be given prior notice of demolition consent

Where a person makes a development application to demolish a building or work that is an item of the environmental heritage the council shall not grant consent to that application until 28 days after the council has notified the Secretary of the Heritage Council of its intention to do so.

22 Advertising of heritage applications

(1)  Subject to subclause (2), the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of:

(a)  the demolition of a building or work that is an item of the environmental heritage, and

(b)  the use of a building or land referred to in clause 20 for a purpose which, but for that clause would be prohibited under this plan,

in the same way as those provisions apply to and in respect of designated development.

(2)  Subclause (1) does not apply to the partial demolition of a building or work where, in the opinion of the council, the partial demolition is of a minor nature and does not adversely affect the significance of the building or work as part of the environmental heritage of the Shire of Byron.

Division 3 Certain development

23 Designated development

(1)  This clause applies to all land to which this plan applies.

(2)  Pursuant to section 29 of the Act, development for the purpose of any permanent flood overflow or ocean entry is designated development for the purposes of the Act.

(3)  All components of any proposed flood mitigation works to implement any floodplain management plan for land in Ocean Shores to which Byron Local Environmental Plan 1988 (Amendment No 14) applies are, pursuant to section 29 of the Act, declared to be designated development.

(4)  Development for the purpose of mining perlite on land described in Byron Local Environmental Plan 1988 (Amendment No 16) is designated development for the purposes of the Act.

cl 23: Am 8.1.1993; 23.4.1993.

24 Development of flood liable land

(1)  This clause applies to flood liable land.

(2)  Notwithstanding any other provision of this plan, a person shall not erect a dwelling-house, or any other building, or carry out filling or construction of levees on land that is flood liable, except with the consent of the council.

(3)  The council shall not consent to the erection of a building or the carrying out of a work on flood liable land unless:

(a)  the council is satisfied that:

(i)  the development would not restrict the flow characteristics of flood waters,

(ii)  the development would not increase the level of flooding on other land in the vicinity,

(iii)  the structural characteristics of any building or work the subject of the application are capable of withstanding flooding, and

(iv)  the building is adequately flood proofed, and

(b)  satisfactory arrangements are made for access to the building or work during a flood.

25 Exhibition homes

Nothing in this plan shall prevent the use, with the consent of the council, of a dwelling-house within Zone No 1 (c1), 1 (c2), 2 (a) or 2 (v) as an exhibition home provided that the dwelling-house is not situated on land having frontage to an arterial road.

26 Tourist development

(1)  This clause applies to land within Zone No 2 (t).

(2)  The council may only consent to the development of land where it is satisfied that:

(a)  the development will be for tourist purposes and uses, or uses associated with, ancillary to, or supportive of, tourist development, including retailing and service facilities where such facilities are an integral part of the development for tourist purposes and uses and are of a scale relative to the needs of that development,

(b)    (Repealed)

(c)  the person preparing the report has consulted with the Council and has had regard to any requirements notified to the person in writing by council in respect of the form and content of the report, and

(d)  the size of allotments in any subdivision is no less than 1 hectare.

cl 26: Am 17.7.1998.

27 Building lines along arterial roads

(1)  A person shall not, on an allotment of land which is within Zone No 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2), 7 (a), 7 (c), 7 (d) or 7 (f1), and which has a frontage to an arterial road as designated on the map, erect a building for any purpose closer than 55 metres from the boundary of the road.

(2)  Notwithstanding subclause (1), a person may, with the consent of the council, erect a building closer than 55 metres from the boundary of an arterial road as designated on the map, provided the council is satisfied that:

(a)  the allotment of land is totally contained within 55 metres of the boundary of the road, or

(b)  there is no alternative suitable building site due to levels, steepness, instability, flooding or other physical barrier, or

(c)  the amenity of the immediate environment would be adversely affected by requiring the 55 metre setback to be maintained.

cl 27: Subst 2.11.1990.

28 (Repealed)

cl 28: Rep 17.7.1998.

29 Development for certain additional purposes

(1)  Nothing in this plan prevents a person, with the consent of the council, from carrying out:

(a)  a subdivision referred to in Schedule 8 on land referred to in that Schedule in relation to that subdivision, or

(b)  other development on land referred to in that Schedule for a purpose specified in relation to that land in that Schedule,

subject to such conditions, if any, as are so specified.

(2)  Subclause (1) does not affect the application to or in respect of development to which that subclause applies, of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the council in respect of the development.

(3)  Any development that was lawfully being carried out on the land referred to in item 22 of Schedule 8 immediately before the amendment of that item by Byron Local Environmental Plan 1988 (Amendment No 93) may continue to be carried out as if that item had not been so amended.

cl 29: Am 7.4.2000; 22.6.2001.

29AA Development of certain land at North Ocean Shores

(1)  This clause applies to Lot 103, DP 856767, North Ocean Shores, as shown edged heavy black and hatched on the map marked “Byron Local Environmental Plan 1988 (Amendment No 62)”.

(2)  Despite any other provision of this plan, the land to which this clause applies may be subdivided into not more than 8 lots (including not more than 7 lots identified for use for residential purposes) and a road.

(3)  The council shall not consent to subdivision of the land to which this clause applies unless it is satisfied that adequate road access is available to the land.

(4)  Not more than one dwelling-house may be erected on each allotment so created for residential purposes.

cl 29AA: Ins 31.7.1998.

29A Sandhills Estate

(1)  This clause applies to land within Zone No 3 (a), as shown on the map marked “Byron Local Environmental Plan 1988 (Amendment No 5)” deposited in the office of the council.

(2)  After 31 December 1990, a person shall not carry out development on land to which this clause applies except:

(a)  for a purpose referred to in item 3 of the matter relating to Zone No 7 (b) in the Table to clause 9, or

(b)  in accordance with subclause (3).

(3)  After 31 December 1990, a person may carry out development on land to which this clause applies for the purposes of a courthouse if construction work relating to the development is physically commenced before that date.

cl 29A: Ins 20.10.1989.

30 Development within Zone No 7 (d) (Scenic)

(1)  This clause applies to all land within Zone No 7 (d).

(2)  In this clause:

external surfaces, in relation to a building or work, includes the external walls and cladding (if any) thereon, external doors, external door and window frames, columns, roofs, fences and any surface of that building or work visible from the exterior of that building or work.

prescribed materials, means dark tones or dark coloured materials of low reflective quality or materials which are painted or similarly treated with dark toned or dark coloured paint or pigment of low reflective quality.

(3)  Before giving its consent to the erection of a building on land to which this clause applies, the council shall make an assessment as to whether it should impose conditions relating to:

(a)  the use on the external surfaces of the building of prescribed materials,

(b)  the number, type and location of existing trees and shrubs which are to be retained and the extent of landscaping to be carried out on the site, and

(c)  the siting of the proposed buildings.

31 Development on ridgetops

The council shall not consent to the erection of a building or the carrying out of other development on or near any ridgeline on land to which this plan applies unless no alternative location for the building or other development is available, in which case the following objectives to lessen the impact are to be considered before consent is granted:

(a)  whether there will be adequate existing or proposed landscaping, trees or other vegetation which assist or are likely to assist in mitigating visual impact, and

(b)  whether the proposed building design elements, materials of construction and proposed colours will mitigate potential adverse visual impact, including the reflectivity of materials to be used.

cl 31: Subst 17.7.1998.

32 Development within Zone No 7 (f2) (Urban Coastal Land Zone)

(1)  This clause applies to all land within Zone No 7 (f2).

(2)  A person shall not carry out development, except exempt development identified in clause 9 on land to which this clause applies except with the concurrence of the Director.

(3)  The Director, in deciding whether to grant concurrence to development referred to in subclause (2), shall take into consideration:

(a)  the likelihood of the proposed development adversely affecting, or being adversely affected by, coastal processes,

(b)  the need to relocate buildings in the long term,

(c)  the need for the development consent to be limited to a particular period,

(d)  the form, bulk, intensity and nature of the development, and

(e)  continued safe public access to the site.

(4)  The council shall not consent to the carrying out of development on land shown edged heavy black and stippled on the map marked “Byron Local Environmental Plan 1988 (Amendment No 66)” for the purpose of clubs, commercial premises, hostels, hotels, motels, residential flat buildings, shops or tourist facilities or for a purpose that would otherwise be permissible with consent under clause 17 (Dual occupancy).

cl 32: Am 17.3.2000; 9.3.2001.

33 Development within Zone No 7 (f1) (Coastal Lands Zone)

(1)  This clause applies to all land within Zone No 7 (f1).

(2)  A person shall not carry out development for any purpose on land to which this clause applies except with the consent of the council and the concurrence of the Director.

(3)  Where the council receives an application for consent to development of land to which this clause applies, the council shall, within 7 days of its receipt of the application, forward a copy of the application to the Director of Public Works for comment in regard to that application.

(4)  The Director, in deciding whether to grant concurrence to development referred to in subclause (2), shall take into consideration:

(a)  the likelihood of the proposed development adversely affecting, or being adversely affected by, coastal processes,

(b)  the likelihood of the proposed development adversely affecting any dune or beach of the shoreline or foreshore,

(c)  the likelihood of the proposed development adversely affecting the landscape, scenic or environmental quality of the locality of the land,

(d)  whether adequate safeguards and rehabilitation measures have been, or will be, made to protect the environment, and

(e)  any comments made by the Director of Public Works.

34 Tourist accommodation in rural zones

(1)  This clause applies to all land within rural zones where rural tourist facilities are permissible.

(2)  Development for the purpose of holiday cabins must not exceed a total of 6 cabins on each parcel of contiguous land, and a rural tourist facility incorporating holiday cabins must not be developed on land with an area less than 20 hectares.

(3)  The council may grant consent for development for the purposes of rural tourist facilities on land within rural zones only where the council is satisfied that:

(a)  the development will contribute to achieving the objectives of this plan relating to tourism,

(b)  the proposal incorporates adequate landscaping and screen plantings for visual amenity when viewed from a public road or dwelling-house on other land in the locality,

(c)  the person preparing the report has consulted with the council and has had regard to any requirements notified to the person in writing by the council in respect of the form and content of the report,

(d)  the proposed development will have no adverse effect on the present and potential use, including agricultural use, of the land and of lands in the vicinity,

(e)  there will be no adverse visual impact of the proposed development on the landscape,

(f)  the proposed development will be low scale in nature, compatible with the rural environment and of minimal environmental impact,

(g)  where development is proposed within Zone No 7 (c), the development comprises a separate building for each unit, cabin or the like and building construction is limited to single storey only, and

(h)  tourist accommodation is to be located so that it may benefit from existing road and physical service infrastructure, and

(i)  all proposed buildings and other uses are clustered so as to reduce impact on rural amenity, and

(j)  adequate separation distances will be incorporated to minimise the potential for land use conflict between the proposed rural tourist facility and existing or potentially conflicting land uses, such as intensive agriculture, quarries or animal establishments on adjoining or adjacent land.

cl 34: Am 14.7.1989; 17.7.1998.

35 Retailing of bulky goods in Zone No 4 (a)

(1)  This clause applies to land within Zone No 4 (a).

(2)  In this clause:

bulky goods means large goods which are, in the opinion of the council, of such a size and shape as to require:

(a)  a large area for handling, storage or display, and

(b)  easy and direct vehicular access to enable the goods to be collected by customers after sale.

(3)  Subject to subclauses (4) and (5), nothing in this plan shall prevent a person, with the consent of the council, from carrying out development for the purposes of the sale of bulky goods.

(4)  The council shall not consent to an application to carry out development on land to which this clause applies for the purposes of the sale of bulky goods unless it is satisfied that:

(a)  suitable land for the development is not available in any nearby business centre,

(b)  to grant consent would not, by reason of the number of retail outlets which exist or are proposed on land within Zone No 4 (a), defeat the predominantly industrial nature of the zone, and

(c)  the proposed development will not detrimentally affect the viability of any business centre.

(5)  This clause does not apply to development for the purposes of shops selling food or clothing.

cl 35: Am 17.7.1998.

36 Development adjoining wetland

(1)  This clause applies to land adjoining or contiguous to land within Zone No 7 (a).

(2)  A person shall not clear, drain, excavate or fill land to which this clause applies without the consent of the council.

(3)  The council shall not consent to the carrying out of development on or adjoining or contiguous to land within Zone No 7 (a) unless it has taken into consideration:

(a)  the likely effects of the development on the flora and fauna found in the wetland,

(b)  the likely effects of the development on the water table, and

(c)  the effect on the wetlands of any proposed clearing, draining, excavating or filling.

37 Development within Zone No 1 (d) (Investigation Zone)

(1)  This clause applies to land within Zone No 1 (d).

(2)  In considering any development application in relation to land to which this clause applies, the council shall consider the following matters as they relate to likely future uses of the land to be investigated:

(a)  the land capability of the land,

(b)  the demand for the development of the land,

(c)  whether the land can be serviced with water, sewerage and local roads, and the likely future road network,

(d)  the strategic implication of the development of the land in accordance with the Residential Development Strategy,

(e)  whether the land is located within the buffer area of a quarry, piggery or sewage treatment works, and

(f)  environmental management of the land.

(3)  In determining any application for development of any land to which this clause applies, the council shall not grant consent unless it has considered the need to protect significant vegetation and wildlife habitats and to ensure that any development will not adversely affect significant vegetation and wildlife on that land or adjacent land.

38 Development within Zone No 1 (a) shown hatched on the map

(1)  This clause applies to land within Zone No 1 (a) and shown hatched on the map.

(2)  The council shall not consent to the carrying out of development for any purpose on land to which this clause applies unless the council has made an assessment of the susceptibility of the land and the proposed development to flooding, landslip, bushfire hazard, soil erosion and the like.

38A Development of land shown cross-hatched within Zones 1 (a), 1 (b1), 1 (d) and 7 (k) adjacent to Environmental Protection Zones 7 (a), 7 (b), 7 (k) and 7 (j)

(1)  This clause applies to land within Zone No 1 (a), 1 (b1), 1 (d) or 7 (k) and shown cross-hatched on the map.

(2)  Despite other provisions of this plan, a person must not:

(a)  clear, drain, excavate or fill the land to which this clause applies, or

(b)  carry out development for the purpose of agriculture or forestry on the land to which this clause applies, or

(c)  erect a building or construct a road on the land to which this clause applies,

except with the consent of the council.

(3)  The council must not grant a consent required by subclause (2) unless it has taken into consideration:

(a)  the likely effect on the fauna, flora, water table and habitat value of adjacent land within Zone No 7 (a), 7 (b) and 7 (k) of the development that the granting of that consent would permit, and

(b)  the need for measures to protect and enhance the habitat value of the adjacent land within Zone No 7 (a), 7 (b) or 7 (k) by fencing to control access by people, vehicles and animals, reforestation with native plants, control of run off to prevent siltation and nutrient enrichment, bushfire management to facilitate maintenance of natural fire regimes, and weed eradication, and

(c)  the appropriate width of the buffer area to protect the adjacent fauna, flora and habitat areas, having regard to species diversity, topography and the like.

cl 38A: Ins 8.1.1993. Am 27.2.1998.

38B Development of land at North Ocean Shores within Zone Nos 1 (b1) and 7 (k)

(1)  This clause applies to certain land at North Ocean Shores, being within Zone No 1 (b1) or 7 (k) and shown as cross-hatched on the map marked “Byron Local Environmental Plan 1988 (Amendment No 51)”.

(2)  The objective of this clause is to ensure that the use and other development of land adjacent to areas of significant vegetation, or wildlife habitat, or in a potential wildlife corridor, does not result in any degradation of that significant vegetation, wildlife habitat or potential wildlife corridor, and that any such development conserves, protects and enhances the value of the flora or fauna or the potential wildlife corridor concerned.

(3)  Clause 38A does not apply to land to which this clause applies if it is developed in accordance with a property management plan submitted to the council if:

(a)  the Director-General of the Department of Agriculture and the Director-General of the National Parks and Wildlife have been consulted about the content of the property management plan before it was submitted, and

(b)  the property management plan addresses all the matters referred to in clause 38A (3), and

(c)  the property management plan addresses the manner in which any potential wildlife corridor concerned and habitat values are to be protected and enhanced, and

(d)  the property management plan takes into consideration the guiding principles of sustainable development.

(4)  In this clause, property management plan means a plan prepared in accordance with the guidelines set out in Property Planning, How to Produce a Physical Property Plan published in 1995 by NSW Agriculture.

cl 38B: Ins 27.2.1998.

39 Forestry activities in water catchment area

(1)  This clause applies to land within Zone No 1 (f) and shown hatched on the map.

(2)  The Forestry Commission shall consult with the council before carrying out development for the purposes of road construction or logging on the land to which this clause applies.

Division 4 General provisions

40 Height of buildings

(1)  In this clause:

height, in relation to a building, means the vertical distance between natural ground level and the finished level of the uppermost ceiling in the building or, where there is no ceiling, the level at which the main roof beams meet the top plate.

storey means:

(a)  the space between two floors,

(b)  the space between any floor and its ceiling or roof, and

(c)  foundation areas, garages, workshops, plantrooms, storerooms and the like where the vertical distance between the adjacent natural ground level and the horizontal plane in which the top of the floor above is situated is 1.5 metres or more.

A storey which exceeds 4.5 metres is counted as two storeys.

(2)  The Council shall not consent to the erection on land to which this plan applies of any building which has a height greater than:

(a)  in the case of land within Zone No 3 (a)—9.5 metres or 3 storeys,

(b)  in any other case—7.5 metres or 2 storeys.

(3)  For the purpose of assessing the number of storeys above natural ground level:

(a)  any part of a storey, the ceiling of which is not more than 1.5 metres above natural ground level, shall not be included, and

(b)  where basement parking is provided under a building and the roof or the parking area projects more than 1.5 metres above the natural ground level, it is considered to be a storey.

cl 40: Am 11.12.1998.

41 Community use of schools

(1)  This clause applies to all land where development for the purposes of schools, colleges or other educational establishments may be carried out.

(2)  Notwithstanding any other provision of this plan, the council may consent to:

(a)  the community use of the facilities and sites of schools, colleges and other educational establishments,

(b)  the commercial operation of those facilities and sites, and

(c)  the carrying out of development for community purposes on land used for the purposes of schools, colleges or other educational establishments, whether or not the development is ancillary to any such purpose.

42 Minor variation of zoning boundaries

(1)  This clause applies to land which is:

(a)  within 20 metres of a boundary between land within Zone No 2 (a), 2 (t), 2 (v) or 3 (a) and land within Zone No 4 (a), 5 (a), 5 (b) or 7 (f2),

(b)  within 100 metres of a boundary between any two zones not included in paragraph (a) other than Zones Nos 7 (a), 7 (b), 7 (f1), 7 (k) and 7 (j).

(c)  within 20 metres of a boundary between a zone referred to in paragraph (a) and any zone referred to in paragraph (b),

(d)  within 100 metres of a boundary between land within Zone No 7 (k) in West Suffolk Park as shown on the map marked “Byron Local Environmental Plan 1988 (Amendment No 2)” and land within Zone No 2 (a).

(2)  Subject to subclauses (3) and (4), development may be carried out, with the consent of the council, on land to which this clause applies for any purpose for which development may be carried out in the adjoining zone on the other side of the boundary.

(3)  The council shall not consent to the carrying out of development referred to in subclause (2) unless, in the opinion of the council, the carrying out of the development is desirable due to planning, design, ownership, servicing or similar requirements relating to the optimum development of land to which this plan applies.

(4)  The council shall not consent to the carrying out of development under this clause on land within Zone No 7 (k) and referred to in subclause (1) (d) unless the council is satisfied that a boundary survey report of the significant habitat areas of the land establishes that the proposed development will have no adverse effects on those areas.

cl 42: Am 9.6.1989; 14.7.1989; 15.3.2002.

43 Acquisition of certain lands

(1)  This clause applies to land within Zone No 5 (a), 6 (a) 8 (a), or 9 (a).

(2)  The owner of any land shown on the zoning map as described below may, by notice in writing, require the public authority specified in respect of that land to acquire it:

(a)  within Zone No 5 (a) (Special Uses Zone) and lettered “Cemetery”, “Garbage Depot”, “Drainage” or “Sewage Treatment Works”—the council, or

(b)  within Zone No 5 (a) (Special Uses Zone) and lettered “Education” or “School”—the Minister administering the Education Act 1990 (unless the land is reserved for private education), or

(c)  within Zone No 6 (a) (Open Space Zone)—the council, or

(d)  within Zone No 7 (f1) (Coastal Lands (f1) Zone) listed in Schedule 9—the corporation constituted by section 8 (1) of the Act, or

(e)  within Zone No 8 (a) (National Parks and Nature Reserve Zone)—the Minister administering the National Parks and Wildlife Act 1974, or

(f)  within Zone No 9 (a) (Proposed Road Zone)—the Minister administering the Roads Act 1993.

(3)  On receipt of such a notice, the public authority concerned is to acquire the land, subject to subclause (4).

(4)  The council need not take any action with respect to acquiring land within Zone No 5 (a) (Special Uses Zone) or Zone No 6 (a) (Open Space Zone) for 90 days (or for such other period as may be agreed between the owner and the council before that period expires) after receiving a notice requiring acquisition of land if the council, within 14 days after receiving the notice, notifies the owner that it is reviewing the zoning of the land. The council need not acquire the land pursuant to the notice if the land is rezoned, or the council serves notice on the owner that it has decided to prepare a local environmental plan to rezone the land, before the period of 90 days (or the agreed period) expires.

(4)  The council shall not be required to acquire land, the subject of a notice referred to in subclause (2), where the land is required to be dedicated to council as a condition of development consent or subdivision approval.

(5)  The Commissioner for Main Roads shall not be required to acquire land, the subject of a notice referred to in subclause (2), unless:

(a)  a development application has been made in respect of the land,

(b)  the development the subject of the development application consists of development for a purpose for which development could have been carried out on the land prior to the appointed day, and

(c)  the council has refused its consent to the development application on the basis that the Commissioner for Main Roads has not concurred in the development.

cl 43: Am 14.7.1989; 20.4.1990; 31.3.2000; 12.5.2000.

44 Use of land pending acquisition

(1)  Land to which clause 43 applies may be developed for any purpose, with the consent of council, prior to its acquisition by the public authority concerned.

(2)  The council shall not grant consent to development referred to in subclause (1) on land within Zone No 9 (a) unless it obtains the concurrence of the Commissioner for Main Roads.

(3)  In determining whether to grant concurrence under subclause (2), the Commissioner for Main Roads shall take into consideration:

(a)  the effect of the proposed development on the costs of acquisition,

(b)  the costs of reinstatement of the land for the purposes for which the land is to be acquired, and

(c)  the imminence of acquisition.

45 Provision of services

(1)  The Council shall not consent to the carrying out of development on any land to which this plan applies unless it is satisfied that prior adequate arrangements have been made for the provision of sewerage, drainage and water services to the land.

(2)  For the purposes of this clause, satisfactory arrangements for water services, includes the making of satisfactory arrangements with Rous County Council and the council for the augmentation and reticulation of water services to that land.

46 Development in open space zones

The council shall not consent to the carrying out of development on land with Zone No 6 (a), being land owned or controlled by the council, unless consideration has been given to:

(a)  the need for the proposed development on that land,

(b)  the impact of the proposed development on the existing or likely future use of the land, and

(c)  the need to retain the land for its existing or likely future use.

47 Classification or reclassification of public land

Public land is classified, or reclassified, as operational land or community land for the purposes of Chapter 6 of the Local Government Act 1993 as identified in Schedule 11.

cl 47: Ins 24.3.1995.

47A Development on certain land at Ocean Shores

(1)  This clause applies to land known as Lot 946, DP 241810, Ocean Shores, as shown edged in heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 57)”.

(2)  The Council shall not grant consent to the erection of a building or any other development which in the Council’s opinion will adversely impact on the local drainage in areas shown cross-hatched for drainage retention on the map marked “Byron Local Environmental Plan 1988 (Amendment No 57)”.

(3)  The Council shall not grant consent to any native vegetation removal or disturbance or the erection of a building or any other development which in the Council’s opinion will adversely impact on the significant trees in areas shown hatched for significant trees on the map marked “Byron Local Environmental Plan 1988 (Amendment No 57)”.

cl 47A: Ins 17.7.1998.

48 Temporary use of certain land

(1)  Despite any provision of this plan, a person may, without the consent of the Council, carry out development on land for any purpose (not being designated development) within Zone No 6 (a) or 7 (f1) for a maximum period of 7 days on any one occasion up to a maximum of 60 days in a calendar year if:

(a)  such land is vested in the Crown, a Minister of the Crown or the Council, and

(b)  the development does not involve the erection of permanent structures ancillary to the use of that land.

(2)  Despite any other provision of this plan, a person may, but only with the consent of the Council, carry out development on the following land for any purpose (not being designated development) for a maximum period of 7 days on any one occasion up to a maximum of 60 days in a calendar year if the development does not involve the erection of permanent structures ancillary to the use of that land:

Lot 1, DP 201626 and Lot 2, DP 542178, Ewingsdale Road, Ewingsdale

Lot 358, DP 704247, Bangalow Road, Byron Bay.

cl 48: Ins 29.9.1995.

49 Suspension of certain covenants and laws

(1)  For the purpose of enabling development to be carried out in accordance with this plan (as at the time the development is carried out) or in accordance with a consent granted under the Act:

(a)  any agreement, covenant or similar instrument imposing restrictions as to the erection or use of buildings for certain purposes or of the use of land for certain purposes, and

(b)  section 37 of the Strata Schemes (Freehold Development) Act 1973,

to the extent necessary to serve that purpose, shall not apply to development carried out in accordance with this plan.

(2)  Pursuant to section 28 of the Act, before the making of this clause:

(a)  the Governor approved of subclause (1), and

(b)  the Minister for the time being administering the provision referred to in subclause (1) (b) concurred in writing in the recommendation for the approval of the Governor of subclause (1) in so far as it relates to that provision.

cl 49: Ins 17.7.1998.

51 Brothels

(1)  Despite the other provisions of this plan, development for the purpose of a brothel may be carried out in the Zone No 4 (a) (Industrial Zone), but only with the consent of the Council.

(2)  Development for the purpose of a brothel is prohibited on all other land.

(3)  In determining an application for consent to carry out development for the purpose of a brothel, the Council must take into consideration such of the following matters as are of relevance to the application:

(a)  the location of the brothel and its proximity to any church, place of worship, community facility, educational establishment, child care centre, medical centre, public open space, recreational area, residential development or like place where children and young people are likely to gather or pass by,

(b)  whether the operation of the brothel is likely to cause disturbance in the neighbourhood when taking into account other brothels operating in the neighbourhood or other land uses within the neighbourhood involving similar hours of operation,

(c)  whether the operation of the brothel would cause a disturbance in the neighbourhood because of its size or operating hours, or the number of people working in it,

(d)  whether suitable access is available, or is proposed to be provided,

(e)  whether sufficient off-street parking is available or is proposed to be provided,

(f)  whether a suitable waiting area is provided in the brothel so as to prevent clients loitering outside the premises, and

(g)  the design and external appearance of the building and any associated structure and their impact on the character of the surrounding built environment.

cl 51: Ins 26.2.1999.

Schedule 1 (Repealed)

sch 1: Rep 6.3.1998.

Schedule 2

(Clause 5)

Assess No
1	Byron Bay
1.1		Byron Bay Lighthouse Complex.
1.2	3491.00000—	Railway water tower, Butler Street.
1.3		Courthouse and Police Station, Shirley Street.
1.4		Byron Bay Post Office, Jonson Street.
1.5		Railway Station, Jonson Street.
1.6	3490.00000—	Station Master’s Cottage, Jonson Street.
1.7	2752.00000—	Attached buildings, Fletcher Street.
1.8	2742.00000—	Attached buildings, Fletcher Street.
1.9	1319.00000—	Residence, Browning Street.
2	Mullumbimby
2.1	1506.00000—	National Bank
2.2	1522.10000—	Westpac Bank
2.3		Heritage museum
2.4	1523.01000—	Court House
2.5	7007.00000—	Church of England
2.6	4266.00000—	“Inverary”, Main Arm Road.
2.7	7852.00000—	Power Station and Race, Wilsons Creek.
2.8	2375.00000—	Cedar House, 140 Dalley Street.
2.9	351.00000—	“Somerset”, Azalia Street.
3	Bangalow
3.1		Buildings within Heritage Precinct on map.
3.2	6414.00000—	Catholic Church, Deacon Street.
3.3	5514.00000—	Residence, Jelbon Leigh, Pacific Highway.
3.4	5741.00000—	Residence, Byron Bay Road.

Schedule 3 Shops referred to in clause 9—Zone 2 (a) (Residential Zone)

(Clause 9)

Chemist shops
Fish and chip shops
Fruit shops
Video shops
Newsagencies
Smallgoods and sandwich shops
Hairdressers shops

Schedule 4 Purposes referred to in clause 9—Zone 2 (t) (Tourist Area Zone)

(Clause 9)

Advertising structures
Child care centres
Clubs
Heliports
Places of assembly
Places of public worship
Public utility undertakings
Tourist facilities
Transport terminals
Chemists shops
Confectionery shops
Florists shops
Footwear shops
Gift shops
Jewellery and watchmakers shops
Leathergoods and travelgoods shops
Photographers shops
Real estate agencies
Refreshment rooms
Sports requisite shops
Newsagencies
Tobacconists shops
Hairdressers shops
Dry-cleaning shops
Clothing shops (not exceeding 100 square metres in gross floor area (within the meaning of the Environmental Planning and Assessment Model Provisions 1980).
General store (not exceeding 100 square metres gross floor area (within the meaning of the Environmental Planning and Assessment Model Provisions 1980).

Schedule 5 Purposes referred to in clause 9—Zone 4 (a) (Industrial land)

(Clause 9)

Shops (including ancillary storage, display and sales areas) occupying an area of at least 1 000 square metres
Air-conditioning and refrigeration equipment and parts
Boat and marine supplies and equipment
Furniture and floor coverings
Hardware
Home decorating fixtures
Industrial and agricultural equipment and machinery
Automotive equipment parts and sales
Building material supplies
Camping equipment sales
Concrete product sales
Mobile home caravan and trailer sales
Produce stores
Landscaping supplies
Medical and surgical supplies and equipment
Office equipment and supplies
Swimming pools and outdoor recreation equipment
Any other purpose which closely resembles a purpose identified above
Shops servicing workers (maximum area of 500 square metres)
Newsagencies
Banking facilities
Accounting and computer facilities
Refreshment rooms
Smallgoods and sandwiches
Any other purpose which closely resembles a purpose identified above

sch 5: Am 17.7.1998.

Schedule 6 (Repealed)

sch 6, hdg: Am 14.7.1989; 1.5.1992. Rep 17.7.1998.

sch 6: Rep 17.7.1998.

Schedule 7 Land referred to in clause 15

(Clause 15)

1  Assessment No 4662.09000, lot 1, DP 264057, Parish of Billinudgel.

2  Assessment No 4662.07000, lot 3, DP 264057, Parish of Billinudgel.

3  Assessment No 4175.00000, lot 3, DP 609995, Parish of Jasper.

4  Assessment No 4176.00000, lot 2, DP 609995, Parish of Jasper.

5  Assessment No 4177.00000, lot 1, DP 609995, Parish of Jasper.

6  Assessment No 4260.00000, lot 2, DP 258036, Parish of Billinudgel.

7  Assessment No 4261.00000, lot 3, DP 258036, Parish of Billinudgel.

8  Assessment No 4262.00000, lot 4, DP 258036, Parish of Billinudgel.

9  Assessment No 2540.00000, portion 103, Parish of Clunes.

10  Assessment No 7788.20000, lot 7, DP 603977, Parish of Mullumbimby.

11  Assessment No 7792.00000, lot 2, DP 579287, Parish of Mullumbimby.

12  Assessment No 5601.00000, lot 1560, DP 243995, Parish of Billinudgel (55).

13  Assessment No 6936.00000, lot 11, DP 586360, Parish of Clunes (56).

14  Assessment No 7821.50000, Lot 8, DP 601390, Parish of Tooland.

15  Assessment No 5940.00000, lot 26A, DP 5129, Parish of Byron.

16  Assessment No 6808.00000, Lot 318, DP 755695, Parish of Byron.

17  Assessment No 5591.00000, lot 1, DP 434565, Parish of Billinudgel.

18  Assessment No 4255.00000, lot 1, DP 357177, Parish of Billinudgel.

19  Assessment No 4679.00000, lot 82, DP 605948, Parish of Mullumbimby.

20  Assessment No 933.02000, lot 30, DP 804875, Parish of Jasper.

21  Lot 339, DP 755687.

22  Lot 1, DP 445771.

23  Lot 2, DP 445771.

24  Lot 186, DP 755692.

25  Lot 1, DP 123322.

26  Lot 9, DP 807867.

27  Lot 5, DP 569918.

28  Lot 7, DP 844554.

30  Lot 4, DP 583623.

31  Lot 20, DP 877915.

DEPOSITED PLAN NUMBERS, LISTED UNDER YEAR (SHOWN BY UNDERLINING) OF ISSUE OF COUNCIL CLERK’S CERTIFICATE FOR SUBDIVISION.

1969
534319 535635 536652 536030 536396 538085 537765 538812 238724 538412 238693 542178 543965 541314 544294

1970
542514 542323 542949 544291 543804 544293 543430 543429 544881 544464 568110 544703 552093 552094 546490

1971
553863 549688 558404 553537 549394 551004 553296 241074 550406 550755 550550 553034 551947 552246 556770 553033 552902 554286 553934 554027 554839 554079 553936

1972
555089 555088 555083 559036 558652 557721 247375 557418 555919 558280 556636 558532 556948 556233 243218 558340 556771 557153 556714 557316 557820 559550 558406 244731 558546 559900 558145 559259 558858 559803 244204 559175 564811 560997 563039 561407 560163 560246 561513 559943

1973
563522 561346 562332 561452 561490 561489 563079 564124 563435 568819 562616 563373 245439 566244 565482 247180 567422 246236 564701 564890 565053 567982 565208 565766 565052 246347 566548 566719 567379 567646 567722 568452 566314 574195 567628 568104 569916 567115 610392 575148 567117 567130 568162 587391 567603 567048 569047 569985 568386 246970 570304

1974
570615 568105 246996 247336 571222 570774 569851 570590 574135 570312 569524 569917 569990 571375 248142 573623 571044 247817 570309 574092 248363 571695 575400 248377 572223 572064 572897 571934 578079 571636 572079 572131 574094 572246 572748 572912 574252 578310 572752 249464 575480 248805 572864 573269 576923 575045 574091 573855 249731 248897 575564 578264 577469 575468 575299 578265 575169 577735 575719 575565 579176 575946

1975
577910 577895 577659 576360 576921 577017 577281 577734 578874 581270 578269 580914 578536 581641 251128 578938 577728 580909 578120 577722 577721 577922 250167 578038 582967 579792 578304 579295 579860 581527 250382 582423 588516 579568 580714 584797 580039 579711 582082 594723 579607 579411 579608 582602 580637 580515 583091 581134 580913 581329 581147 581699 580369 580715 580144 583377 581193 580670 581751 581145 582084 250908 582689 580668 580872 581892 571835 583053 581753 581144 582352 581584 584165 584078 582891 251256 583200 584007 592802 582169 583344 581752 583600

1976
580115 583201 584364 585464 583941 584730 583738 590601 584169 583635 587522 584475 585232 584473 252384 586087 587288 585564 587183 585036 585286 584278 583313 585196 585518 586187 587709 252483 585769 587860 585699 592630 594995 586271 594996 586221 586513 586314 586359 586315 585854 586862 585938 586583 252867 586805 586578 586316 586375 586874 253347 253175 253095 588735 588311 588336 587291 586863 589285 589545 586835 253323 587938 588734 588286 587847 589432 590347 590713 589300 588885 591828 587773 590515 253886 588736 588153 589419

1977
590205 588391 592993 600681 253840 589362 589298 589361 591190 590470 589535 589627 592005 589090 590847 590178 253926 589613 591152 589748 589614 589795 591413 255156 592520 590451 593616 590826 594168 590825 592377 592299 255603 591441 611772 591293 595023 592152 594551 592170 255525 592287 591956 593610 596035 593240 255630 592711 255993 592865 595777 255629 255790 594548 258426 593614 255770 594549 594756 595338 258036 593474 594103 258075 594552 594456 596591 255806 596322 261499 595980

1978
594975 5950947 594645 595619 596072 255994 255916 258349 595560 595878 596723 598891 595813 596124 595455 258132 258394 258176 597109 596612 258338 596592 596064 596170 596685 597253 258158 600514 596593 597764 610340 597903 598348 258294 599908 597111 598238 597810 598619 598378 599781 603009 258579 598463 598368 598823 601176 258464 601327 599812 600363 259415 598719 600192 258562 599731 600095 605958 601568 601075 603130 603698 258638 600364 600516 600582 258640 600094 258951 599728 601076 600576 600678 600770

1979
259041 601329 601328 601659 620472 605236 258883 601748 617370 602547 612988 612989 259010 602030 602481 602455 602402 602058 259256 259313 601474 601603 601985 602916 602391 602089 601725 258973 603252 602553 603203 606090 606131 603516 621058 602917 603535 604916 259024 793003 603004 602912 603251 603103 605495 603976 604594 608260 603517 259337 604060 605171 259285 605035 604801 605779 604256 603876 605945 259420 606724 608468 604650 259591 605821 259637 605002 605238 605237 606195 611091 605938 259447 605857 605650 260639 605824 259506 599930 608525 605595 606347 606129 605822 607661 607353 606785 606438 605811 259624 606133 259954 608870 609219 606791 606372 606577 607502 607704 606451 607611 610194 606905 607703 608146 608735 259998 610865 259869 607289 259870 607366 608127 260319 607156

1980
608002 610379 607892 609220 608145 259991 608147 608876 609324 608312 609995 608724 260297 608723 609813 260369 609271 612844 610382 611392 615108 610487 261002 609928 609812 615783 612325 609872 609723 618073 610381 611272 610728 610635 612191 615439 611584 611393 614621 611442 611394 615602 612323 614715 615522 620551 611785 612921 260904 260707 613227 612114 616456 612387 613173 615546 612814 261020 261219 613127 614161 616276 617891 613935 613257 621643 613133 614028 614484 261080 710483 613834 614014 614645 614893 615329 614618 618091 615585 623877 615048

1981
615290 261449 615832 616219 620051 630943 616521 620841 615736 616011 616559 261691 616224 616597 261607 620040 261560 617631 617236 616998 616740 617652 618839 617488 620929 261662 619524 617067 617681 625509 617529 618234 618697 618089 623564 620732 622949 618891 618589 622735 619293 703966 623547 620049 625208 623992 621642 619714 263342 620296 262323 262183 262201 262477 621694 621260 621594 263650 621993 620642 620682 262339 621360 623743 621320 621548 621825 621359 623509 633099 262480 622644 622204 626244 623350 623351 622630 623809 622226 622736 622586 623057

1982
622461 622490 627229 623865 627961 625667 262826 262827 623673 262828 262829 262821 262822 262823 262824 262825 627619 625224 625004 627278 264290 625342 625255 630446 627447 626040 629581 626518 626605 627139 626519 627470 628943 263270 627031 626429 627003 627385 627510 626914 627476 627458 627436 263503 627822 731049 632973 626084 700946 628447 630546 628224 631081 629956 632681 703195 635176 629233 629234 629487 630164 629528 630982 632110 635195 637723 632018 710090 630647 631296 630492 631285 630581

1983
264057 630987 631177 632810 631795 263974 631250 632898 630999 632464 632154 631518 631878 633726 633694 635112 264149 631949 632083 634612 632434 633243 632771 632974 633976 633244 707292 634132 264449 702538 701326 634771 701103 702270 264467 634601 705217 701692 700339 700806 635710 700807 700055 635614 635444 635505 700120 700348 701525 701229 700568 703416 700739 701005 702175 701010 702243 707295 702271 702381 701520 702168

1984
702701 701392 710080 712153 711063 702535 707671 703261 703653 702880 703263 705522 706442 710428 703851 730861 705543 707485 703880 706115 705946 706286 712946 708048 707865 706758 707651 707706 707614 708189 708338 708466 709703 709546 710167 708644 710192 709573 714077 717772 710100 710039 713515 710680

1985
711115 713964 713135 637345 71250 713243 730825 731486 718014 713081 712883 717523 717102 717703 713023 713699 716065 713857 638972 717125 718937 738155 714761 715746 715498 716641 716308 715450 716565 715608 716479 719570 719871 718777 719142 732108 730336 730335 719143 719687 719991 731492 731050

1986
732530 732071 732056 732059 748118 733182 732188 732638 777301 732730 732681 734745 733022 738270 739987 735000 734828 738059 734593 735699 736093 736671 735656 747147 739798 735538 736674 738086 748237 737161 737209 738352 739122 739352 739402 739787 739963 740309 710192 739871 747075 740557 740203

1987
771568 740943 746096 749891 749851 748873 747540 749209 778626 746549 748235 748696 748119 748308 747576 747409 747394 791342 747186 748290 749076 776145 747828 748585 749004 747947 748804 748973 748983 748729 787386 776155 792880 793657 773022 749331 771101 772174 771127 771754 777750 773806 773390 773078 755738 773129 773806

1988
773520 774146 785272 785171 775335 775410 775447 785735 792113 778293 776025 777369 789153 776107 776609 804545 778016 785551 778661 786110 787037 785708 793082 786274

sch 7: Am 2.11.1990; 2.8.1991. Subst 17.7.1992 (see also 31.7.1992 and 7.8.1992). Am 21.10.1994; 2.12.1994; 10.2.1995; 1.12.1995; 15.10.1999; 7.4.2000; 9.2.2001; 5.10.2001; 22.2.2002.

Schedule 8 Land referred to in clause 29

(Clause 29)

sch 8, hdg: Am 9.2.2001.

1  Lot 6 in DP 619293, Parish of Byron, Assessment No 2469.500000, for the purpose of dwellings for the Buttery Accommodation Scheme.

2  Lot 2 in DP 603535, Parish of Whian Whian, Assessment No 7632.00000, for the purpose of Rural Tourist Facilities.

3  Lot 4 in DP 38724, Redgate Road, Parish of Brunswick, Assessment No 6062.00000, for the purpose of Tourist Facilities.

4  Lot 1 in DP 584473, Manse Road, Myocum, Parish of Brunswick, for the purpose of a garbage depot.

4A  Camping Reserve 971 and Portion 93, Parish of Jasper, Mafeking Road, Goonengerry for the purpose of mining perlite.

5  Lot 10, DP 708338, Broken Head Road, Parish of Byron, for the purpose of a dwelling-house.

6  Lots 1 and 2, Section 22, Shirley Street, Byron Bay, for the purpose of a service station.

7  Lot 2, DP 31814, Bangalow Road, Byron Bay, use of the existing building for the purposes of shops or commercial premises (or both), not to exceed 431 square metres gross floor area.

8  Lot B, Vol 2280 Folio 503, Shirley Street, Byron Bay, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 29)” for the purpose of an office ancillary to the adjoining service station.

10  Lot 318, DP 755695, Skinners Shoot Road, Byron Bay, for the purpose of a dwelling-house.

11  Lot 5, DP 832186, Lots 180 and 182, DP 728174, Main Arm Road, Mullumbimby, as shown edged heavy on the map marked “Byron Local Environmental Plan 1988 (Amendment No 41)”, for the purpose of a market.

12  Lot 25, DP 808062, corner of Byron Street and Ballina Road, Bangalow, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 44)” for the purpose of a medical and health centre.

13  Lot 11, DP 627139, Goremans Road, Eureka, as shown edged in heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 50)”, for the purpose of a bus depot to garage four buses and their minor servicing.

15  Part Lot 2, DP 514338, Old New Brighton Road, New Brighton, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 52)”, for the purpose of a dwelling-house, but only if all buildings are within the building envelopes shown on that map.

16  Lot 2, DP 599728, for the purpose of four dwelling-houses and associated roads for a multiple occupancy, but only if all buildings are within the building envelopes shown for that lot on the map marked “Byron Local Environmental Plan 1988 (Amendment No 53)”.

17  Lot 3, DP 599728, for the purpose of four dwelling-houses for a multiple occupancy, but only if all buildings are within the building envelope shown for that lot on the map marked “Byron Local Environmental Plan 1988 (Amendment No 53)”.

18  Lot 5, DP 860179, for the purpose of a road, but only in the position shown on the map marked “Byron Local Environmental Plan 1988 (Amendment No 53)”.

19  Lot 52, DP 559900, for the purpose of a dwelling-house, but only if the building is within the building envelope shown for that lot on the map marked “Byron Local Environmental Plan 1988 (Amendment No 53)”.

20  Lot 5, DP 607705, Federal Road, Federal, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 56)”, for the purpose of a dwelling-house, but only if buildings are within the building envelope for that lot shown on that map.

21  Lot 6, DP 607705, Federal Road, Federal, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 56)”, for the purpose of a dwelling-house, but only if buildings are within the building envelope for that lot shown on that map.

22  Lot 7, DP 607705, Repentance Creek Road, Federal, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 93)”, for the purpose of a dwelling-house, but only if buildings are within the building envelope for that lot shown on that map.

24  Lot 1, DP 394452, for the purpose of a dwelling-house.

25  Lot 1, DP 589613, for the purpose of a dwelling-house.

26  Lot 2, DP 589613, for the purpose of a dwelling-house.

27  Lot 1, DP 584476, for the purpose of a dwelling-house.

28  Part Lot 1, DP 842300, Jubilee Avenue, Mullumbimby, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 60)” for the purpose of a shop with a floor area of up to 330 square metres for the sale of timber products, with no sawmilling, manufacturing or processing of timber to take place on the site.

29  Part of Lot 449, DP 812102, part of Lots 10, 11, 12 and 13, DP 243218 and part of Lot 1, DP 780243, Byron Bay, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 63)”, for the purpose of a golf course.

30  Part Lot 390, DP 728163 and part Lot 378, DP 704236, Mullumbimby, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 76)”, for the purpose of an educational establishment for a maximum period of seven (7) years from the date of gazettal of Byron Local Environmental Plan 1988 (Amendment No 76).

31  Lot 10, DP 854466, Tyagarah and Pinegroves Roads, Tyagarah:

(a)  a subdivision creating two allotments, the boundaries of which are generally in accordance with those shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 77)”, and

(b)  development on those allotments for the purpose of dwellings.

32  Lot 2, DP 748585, Grays Lane, Tyagarah, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 77)”:

(a)  a subdivision creating two allotments, and

(b)  development on the smaller of those allotments for the purpose of a dwelling, and

(c)  a subdivision of the larger allotment under the Community Land Development Act 1989 to create a neighbourhood scheme under which four neighbourhood lots and one allotment of neighbourhood property are created, and

(d)  development on the four neighbourhood lots for rural residential purposes, and development on the one allotment of neighbourhood property for the purposes of open space, environmental facilities and agriculture.

33  Lot 1, DP 727923 and Lot 1, DP 185915:

(a)  a subdivision creating two allotments, the boundaries of which are generally in accordance with those shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 80)”, and

(b)  development on those allotments for the purpose of dwellings.

34  Lot 1, DP 502255, Lot 1, DP 127114 and Lot 1, DP 404238:

(a)  a subdivision creating three allotments, the boundaries of which are generally in accordance with those shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 80)”, and

(b)  development on two of those allotments for the purpose of dwellings and development on the residual allotment for the purpose of community use.

35  Lot 29, DP 826128, Avocado Crescent, Ewingsdale, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 83)”, a subdivision creating four allotments and development of those allotments for the purpose of dwellings.

36  Lot 102, DP 857692, Parkway Drive, Ewingsdale, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 83)”, a subdivision creating four allotments and development of those allotments for the purpose of dwellings.

37  Lot 18, DP 790776, Parkway Drive, Ewingsdale, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 83)”, a subdivision creating two allotments and development of those allotments for the purpose of dwellings.

38  Lot 1, DP 569916, Dingo Lane, Myocum, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 83)”:

(a)  a subdivision under the Community Land Development Act 1989 to create a neighbourhood scheme under which four neighbourhood lots and one allotment of neighbourhood property are created, and

(b)  development of the four neighbourhood lots for rural residential purposes, and development of the one allotment of neighbourhood property for the purposes of open space, environmental facilities and agriculture.

39  Lot 5, DP 707671, Fowlers Lane, Bangalow, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 85)”:

(a)  a subdivision under the Community Land Development Act 1989 to create a neighbourhood scheme under which ten neighbourhood lots and one allotment of neighbourhood property are created, and

(b)  development on the ten neighbourhood lots for rural residential purposes, and development on the one allotment of neighbourhood property for the purposes of open space, environmental facilities and agriculture.

40  Lot 300, DP 839554, Coopers Shoot Road, Coopers Shoot, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 84)”, a subdivision creating two allotments and development on those allotments for the purpose of dwellings.

41  Lot B, DP 326871, Burringbar Street, Mullumbimby, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 88)”, for the purposes of light industry, a shop and commercial premises for the use of the Mullumbimby Community Enterprise Centre.

42  Lots 1 and 11, Sec 2, DP 11632 and Lot 1, DP 41649, Clifford Street, Suffolk Park, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 94)”, for the purposes of a professional medical centre containing up to 3 medical practitioners, dentists or health care professionals (as defined in the Environmental Planning and Assessment Model Provisions 1980) with at least 10 additional car parking spaces provided on site. The medical centre may be operated only from the existing building on Lot 1, Sec 2, DP 11632, or within a replacement building that does not exceed the site coverage, setbacks or height of the existing building.

43  That part of Lot 2, DP 549394, Broken Head Road, Suffolk Park, that was zoned to Zone No 7 (b) (the Coastal Habitat Zone) by Byron Local Environmental Plan 1988 (Amendment No 75) (the land), for the purposes of that part of the tourist facility approved by the consent for construction on the land, subject to the following conditions:

(a)  the development complies with the conditions of the consent,

(b)  the consent does not lapse before the development is carried out.

In this item, the consent means the development consent issued by the Land and Environment Court in proceedings No 10114 of 2000 on 20 December 2000 (Development Application No DA 99/0898).

45  Lots 6 and 7, DP 874010, Boogarem Road, Koonyum Range, Mullumbimby, no more than two holiday cabins which are to be positioned in a cluster formation, where development is carried out in accordance with sections 7.2 (Holiday cabins) and 8 (Rural settlement performance standards) of Byron Rural Settlement Strategy 1998, as in force at the commencement of Byron Local Environmental Plan 1988 (Amendment No 99).

46  Lot 7 and so much of Lot 8, DP 605958 and so much of Lot 4, DP 820621, Ewingsdale Road, Byron Bay, as is shown coloured yellow and lettered “5 (a) (Private College)” on the map marked “Byron Local Environmental Plan 1988 (Amendment No 98)”, for the following purposes:

(a)  boarding accommodation for a maximum of 100 students attending the private college erected on the land,

(b)  video and sound recording studios,

provided the Council is satisfied that the carrying out of the development will be consistent with the State Government’s coastal policy as set out in the publication NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast, a copy of which is available for inspection at the office of the Council.

47  Lot 4, DP 820621 and Lots 7–9, DP 605958, Ewingsdale Road, Byron Bay, for the purpose of on-site effluent disposal associated with the operations of the private college erected on part of the land, provided the Council is satisfied that the carrying out of the development will be consistent with the State Government’s coastal policy as set out in the publication NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast, a copy of which is available for inspection at the office of the Council.

sch 8: Am 14.7.1989; 15.1.1993; 26.3.1993; 23.4.1993; 2.9.1994; 10.2.1995; 21.7.1995; 23.2.1996; 14.2.1997; 12.9.1997; 27.2.1998; 13.3.1998; 8.5.1998; 4.6.1999; 10.12.1999; 7.4.2000; 16.6.2000; 13.10.2000; 27.10.2000; 9.2.2001; 22.6.2001; 22.2.2002; 15.3.2002.

Schedule 9

(Clause 43)

Parts lot 52, DP 559900, and portion 154, Parish Byron, Broken Head.

Schedule 10 Land referred to in clause 17A

(Clause 17A)

1  Lot 5, DP 625004, Main Arm Road, Assessment No 4243.1 (72.89 hectares) (14 dwellings).

2  Lot 5, DP 567117, Settlement Road, Assessment No 6605 (84.41 hectares) (7 dwellings).

3  Lot 7, DP 569918, Huonbrook Road, Assessment No 3347 (38.93 hectares) (7 dwellings).

4  Lot 11, DP 605035, Newes Road, Assessment No 5201 (11.81 hectares) (4 dwellings).

5  Lot 1, DP 259337, Seven Mile Beach Road, Assessment No 6619 (18.34 hectares) (4 dwellings).

6  Portion 190, Parish of Billinudgel, Blindmouth Road, Assessment No 944 (20.24 hectares) (5 dwellings).

7  Portion 219, Parish of Nullum, Skyline Road, Main Arm, Assessment No 6811 (35.4 hectares) (4 dwellings).

8  Lot 3, DP 611785, Wanganui Road, Assessment No 7630 (13.06 hectares) (5 dwellings).

sch 10: Ins 1.5.1992.

Schedule 11 Land referred to in clause 47

Lot 8, DP 758725, Parish of Brunswick, Mullumbimby, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 34)–Classification Map” is reclassified as operational land.

Lot 1520, DP 245028, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 3, DP 259591, Parish of Byron, Byron Bay, is reclassified as operational.

Lot 4, DP 259591, Parish of Byron, Byron Bay, is reclassified as operational.

Lot 4, DP 259010, Parish of Byron, Coopers Shoot, is reclassified as operational.

Lot 4, DP 250908, Parish of Byron, Talofa, is reclassified as operational.

Lot 5, DP 259991, Parish of Byron, Talofa, is reclassified as operational.

Lot 6, DP 259991, Parish of Byron, Talofa, is reclassified as operational.

Lot 7, DP 259991, Parish of Byron, Talofa, is reclassified as operational.

Lot 1953, DP 785258, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 4, DP 579411, Parish of Billundgel, Billinudgel, is reclassified as operational.

Lot 5, DP 249464, Parish of Brunswick, Mullumbimby, is reclassified as operational.

Lot 4, DP 709573, Parish of Mullumbimby, Mullumbimby, is reclassified as operational.

Lot 2, DP 801701, Parish of Byron, Bangalow, is reclassified as operational.

Lot 18, DP 259447, Parish of Brunswick, Everitts Hill, is reclassified as operational.

Lot 3, DP 707865, Parish of Bexhill, Clunes, is reclassified as operational.

Lot 4, DP 707865, Parish of Bexhill, Clunes, is reclassified as operational.

Lot 5, DP 710167, Parish of Rous, Clunes, is reclassified as operational.

Lot 2, DP 608735, Parish of Clunes, Springvale Hill, is reclassified as operational.

Lot 3, DP 580369, Parish of Brunswick, Mullumbimby, is reclassified as operational.

Lot 6, DP 631250, Parish of Byron, Bangalow, is reclassified as operational.

Lot 5, DP 610728, Parish of Byron, Bangalow, is reclassified as operational.

Lot 4, DP 702168, Parish of Byron, Bangalow, is reclassified as operational.

Lot 2, DP 614715, Parish of Byron, Bangalow, is reclassified as operational.

Lot 1, DP 612325, Parish of Brunswick, Ewingsdale, is reclassified as operational.

Lot 605, DP 240398, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 606, DP 240398, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 692, DP 240399, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 794, DP 240400, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 795, DP 240400, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 977, DP 241073, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 944, DP 241810, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 945, DP 241810, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 1, DP 121491, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 3, DP 554518, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 1521, DP 572416, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 9, DP 252384, Parish of Jasper, Repentance Creek, is reclassified as operational.

Lot 4, DP 264449, Parish of Byron, Bangalow, is reclassified as operational.

Lot 1752, DP 244386, Parish of Billinudgel, Ocean Shores, is reclassified as operational.

Lot 1758, DP 246054, Parish of Billinudgel, Ocean Shores, is reclassified as operational.

Lot 1458, DP 245029, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 691, DP 240398, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 10, DP 740762, Parish of Byron, Byron Bay, is reclassified as operational.

Lot 11, DP 740762, Parish of Byron, Byron Bay, is reclassified as operational.

Lot 12, DP 740762, Parish of Byron, Byron Bay, is reclassified as operational.

Lot 22, DP 812667, Parish of Byron, Byron Bay, is reclassified as operational.

Lot 23, DP 812667, Parish of Byron, Byron Bay, is reclassified as operational.

Lot 44, DP 819063, Parish of Byron, Byron Bay, is reclassified as operational.

Lot 68, DP 835249, Parish of Byron, Byron Bay, is reclassified as operational.

Lot 1453, DP 575235, Parish of Billinudgel, Ocean Shores, is reclassified as operational.

Lot 1, DP 735732, Parish of Brunswick, Ocean Shores, is reclassified as operational.

Lot 7, DP 739871, Parish of Byron, Bangalow, is reclassified as operational.

Lot 32, DP 809822, Parish of Brunswick, Montecollum, is reclassified as operational.

sch 11: Ins 24.3.1995. Am 19.7.1996.