1 Name of Policy
This Policy may be cited as State Environmental Planning Policy No 30—Intensive Agriculture.cl 1: Subst 24.2.1995. Am 11.6.1999.
2 Aims, objectives etc
(1) The aims of this Policy are:(a) to require development consent for cattle feedlots having a capacity to accommodate 50 or more head of cattle, and piggeries having a capacity to accommodate 200 or more pigs or 20 or more breeding sows, and(b) to provide for public participation in the consideration of development applications for cattle feedlots or piggeries of this size, andso as to achieve greater consistency in environmental planning and assessment for cattle feedlots and piggeries.(c) to require that, in determining a development application for cattle feedlots or piggeries of this size, the consent authority is to take into consideration:(i) the adequacy of information provided, and(ii) the potential for odour, water pollution and soil degradation, and(iii) measures to mitigate potential adverse impacts, and(iv) measures for the health and welfare of animals, and(v) relevant guidelines,(2) This Policy also aims to extend the definition of the term rural industry where used in environmental planning instruments so as to include within the meaning of that term composting facilities and works, including facilities and works for the production of mushroom substrate.cl 2: Subst 20.8.1993; 24.2.1995. Am 11.6.1999.
3 Application of Policy
(1) Except as provided by subclauses (2) and (3), this Policy applies to the State.(2) This Policy does not apply:(a) to an activity within the meaning of Part 5 of the Environmental Planning and Assessment Act 1979 comprising a cattle feedlot that was approved by a determining authority before the commencement of State Environmental Planning Policy No 30—Cattle Feedlots (Amendment No 1) on 20 August 1993 and that commences according to that approval not later than 20 August 1998, or(b) to an activity within the meaning of that Part comprising a piggery for which an application for approval made to a determining authority has been made, but not determined, before the commencement of State Environmental Planning Policy No 30—Cattle Feedlots (Amendment No 2), or(c) to an activity within the meaning of that Part comprising a piggery which was approved by a determining authority before the commencement of State Environmental Planning Policy No 30—Cattle Feedlots (Amendment No 2) and that commences pursuant to that approval not later than 5 years after the commencement of State Environmental Planning Policy No 30—Cattle Feedlots (Amendment No 2), or(d) to land to which State Environmental Planning Policy (Western Sydney Parklands) 2009 applies.cl 3: Subst 24.2.1995. Am 2009 (91), Sch 3.7.
4 Inconsistency between instruments
Subject to section 74 (1) of the Environmental Planning and Assessment Act 1979, in the event of an inconsistency between this Policy and another environmental planning instrument, whether made before or after this Policy, this Policy prevails to the extent of the inconsistency.
5 Consent authority
The consent authority for the purposes of development referred to in clause 6 (1) is:(a) if the land concerned is within a local government area—the council of the area, orbut, if under an environmental planning instrument applying to the land concerned some other person has the function of determining development applications relating to cattle feedlots or piggeries, the consent authority is that other person.(b) if the land concerned is within a part of the Western Division (within the meaning of the Western Lands Act 1901) that is not within a local government area—the Western Lands Commissioner,cl 5: Am 24.2.1995.
6 Development for the purpose of cattle feedlots or piggeries
(1) A person must not carry out development for the purpose of:(a) a cattle feedlot having a capacity to accommodate 50 or more head of cattle, orexcept with the consent of the consent authority.(b) a piggery having a capacity to accommodate 200 or more pigs or 20 or more breeding sows,(2) This clause does not apply to development for the purpose of a cattle feedlot or piggery if it is only to be used for one or more of the following:(a) temporary agistment or housing,(b) feeding or housing arrangements during or immediately following a drought, flood, fire or similar emergency,(c) in the case of feedlots only, weaning, dipping or similar husbandry purposes.(3) Nothing in this Policy authorises the carrying out of development on land for the purpose of a cattle feedlot or piggery if that development is prohibited from being carried out on that land by another environmental planning instrument.cl 6: Subst 20.8.1993; 24.2.1995.
7 Consideration of development applications for cattle feedlots or piggeries
(1) Sections 84, 85, 86 and 87 (1) of the Environmental Planning and Assessment Act 1979 apply to development to which clause 6 applies in the same way as those sections apply to designated development.(2) A statement of environmental effects that accompanies a development application for consent to carry out development to which clause 6 applies must include a description of the design features of the proposed feedlot or piggery and an outline of proposed management practices intended to address the matters set out in subclause (3) (b), (c), (d) and (e).(3) In determining whether or not to grant consent to a development application for the purposes of a cattle feedlot or piggery to which clause 6 applies, the consent authority must take into consideration:(a) the adequacy of the information provided in the statement of environmental effects or environmental impact statement accompanying the development application, and(b) the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site, and(c) the potential for the pollution of surface water and ground water, and(d) the potential for the degradation of soils, and(e) the measures proposed to mitigate any potential adverse impacts, and(f) the suitability of the site in the circumstances, and(g) whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals, and(h) the consistency of the proposal with, and any reasons for departing from, the environmental planning and assessment aspects of any guidelines for the establishment and operation of cattle feedlots or piggeries published, and made available to the consent authority, by the Department of Agriculture and approved by the Director of Planning.cl 7: Ins 20.8.1993. Subst 24.2.1995.
8 Composting facilities and works
A reference in an environmental planning instrument, whether made before or after the commencement of this clause, to rural industry is taken to include a reference to composting facilities and works, including facilities and works for the production of mushroom substrate.cl 8: Ins 11.6.1999.
9 Rural industries
A reference in an environmental planning instrument, whether made before or after the commencement of this clause, to industry does not include a reference to rural industry.cl 9: Ins 4.8.2000.