Hay Local Environmental Plan 1998

Part 1 Preliminary

1 Name of plan

This plan is Hay Local Environmental Plan 1998.

2 Aims, objectives etc

The general aims of this plan are:

(a)  to encourage the proper management, development and conservation of natural and man-made resources within the local government area of Hay by protecting, enhancing and conserving:

(i)  prime crop and pasture land, and

(ii)  timber, minerals, soil, water and other natural resources, and

(iii)  areas of significance for nature conservation, and

(iv)  areas of high scenic or recreational value, and

(v)  places and buildings of archaeological or heritage significance, including Aboriginal relics and places, and

(vi)  the bed and banks of the Lachlan and Murrumbidgee Rivers, and

(vii)  waterways and associated wetlands, for their fish and fish habitat values, and

(b)  to replace the existing planning controls with a single local environmental plan to help facilitate growth and development of the local government area of Hay in a manner which is consistent with the aims specified in paragraph (a) and which:

(i)  minimises the cost to the community of fragmented and isolated development of rural land, and

(ii)  facilitates the efficient and effective provision of amenities and services, and

(iii)  facilitates a range of residential and employment opportunities in accordance with demand, and

(iv)  facilitates farm adjustments, and

(v)  ensures that the efficiency of arterial roads is not adversely affected by development on adjacent land, and

(vi)  provides for the orderly development of tourist activities.

3 Land to which plan applies

This plan applies to all land within the local government area of Hay, the boundary of which is indicated on the map.

4 Relationship to other environmental planning instruments

This plan repeals:

(a)  Interim Development Order No 1—Shire of Hay, and

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

5 Definitions

(1)  In this plan:

advertisement means a sign, notice, device or representation for promotional purposes, or for conveying information, instructions, directions and the like, that is visible from any public place or public reserve or from any navigable water.

advertising structure means a structure used or intended to be used principally for the display of an advertisement.

agriculture includes horticulture and the use of land for any purpose of husbandry, including the keeping or breeding of livestock, poultry or bees, and the growing of fruit, vegetables, crops and the like, but does not include animal boarding or training establishments, intensive livestock keeping establishments or ancillary dwelling-houses.

alter, in relation to a heritage item, means:

(a)  make structural changes to the outside of the heritage item, or

(b)  make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item other than changes that maintain the existing detail, fabric, finish or appearance of the outside of the heritage item.

animal boarding or training establishment means a place for the commercial boarding, breeding, keeping or training of animals, and includes a riding school and veterinary clinic.

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

arterial road means a road indicated on the map by heavy broken black lines.

bank means the limit of the bed of a river.

bed, in relation to a river, means the whole of the soil or other matter forming the channel in which the river flows, and includes so much of the sides and bottom of the channel as contain the river at its mean level (whether or not the river is for the time being at its mean level), but does not include any part of the sides or bottom of the channel covered by water in times of flooding only.

brothel means premises habitually used for the purpose of prostitution (even if so used by only one prostitute).

caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, placed.

Council means the Council of Hay.

destroy a tree means remove more than 50 per cent of the tree or cause the death of the tree.

demolish a heritage item means wholly or partly destroy or dismantle the heritage item.

environmentally sensitive land means land shown horizontally hatched with black lines on the map.

existing holding means the area of a lot, portion or parcel of land as it was on the appointed day.

heritage item means a building, work, relic, tree or place described in Schedule 1.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

horticulture means fruit farming and vegetable farming, and includes plant propagation, plant breeding, ornamental floriculture and turf farming.

intensive livestock keeping establishment means a building or place in which or on which cattle, sheep, goats, dogs, cats, poultry or other livestock are held for the purpose of breeding, boarding or nurturing by a feeding method other than natural grazing and, without limiting the generality of the foregoing, includes:

(a)  feedlots, and

(b)  piggeries, and

(c)  poultry farms, and

(d)  fish farms (including farms cultivating crustaceans or oysters),

but does not include an animal boarding or training establishment, land used for the keeping of livestock or poultry intended solely for the personal consumption or enjoyment by the owner or occupier of the land, a building or place used for short-term feeding or feedlots operated during periods of declared drought or at times of other natural disasters (such as flood or fire).

potential archaeological site means a place, or the site of a building, listed in Schedule 1 and includes a site known to the Council to have archaeological potential even if it is not so listed.

prostitution means sexual acts or sexual services engaged in for payment or other gain.

relic means any deposit, object or material evidence (which may consist of human remains) relating to:

(a)  the use or settlement of the local government area of Hay, not being Aboriginal habitation, which is 50 or more years old, or

(b)  Aboriginal habitation of the local government area of Hay before or after its occupation by persons of European extraction.

river means the Lachlan or the Murrumbidgee River, and includes:

(a)  a stream of water, whether perennial or intermittent, flowing in a natural channel, or in a natural channel artificially improved, or in an artificial channel which has changed the course of the stream, and

(b)  an affluent, confluent, branch or other stream of water into or from which a stream referred to in paragraph (a) flows.

residential flat building means a building containing 2 or more dwellings.

the map means the map marked “Hay Local Environmental Plan 1998”, as amended by the maps (or the sheets of maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

tree includes a sapling, shrub, scrub and native vegetation.

villa unit means a dwelling-house within a single storey building which has within its curtilage pedestrian access and open space at ground level for the exclusive use of the occupants of the dwelling-house.

wetland means land which forms a shallow water body when inundated cyclically, intermittently or permanently, where the inundation determines the type and productivity of soils and the plant and animal communities.

(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 a purpose, and

(b)  a reference to a map or a copy of a map is a reference to a map or copy of a map deposited in the office of the Council, and

(c)  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 specified in clause 8 as the means of identifying land of the zone specified.

(3)  Notes in this plan do not form part of this plan.

(4)  Clause 29 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 applies to this plan as if this plan had commenced before 1 July 1998, despite any other provision of this plan.

cl 5: Am 2008 (128), Sch 1.26 [1].

6 Adoption of model provisions

The Environmental Planning and Assessment Model Provisions 1980, except for:

(a)  the definitions of advertisement, advertising structure, arterial road and map in clause 4 (1), and

(b)  clauses 15, 29, 34 and 35 (c),

are adopted for the purposes of this plan.

7 Consent authority

The Council is the consent authority for the purposes of this plan.

Part 2 Zones

8 Zones indicated on the map

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

Zone No 1 (a) (General Rural Zone)—edged heavy black and lettered “1 (a)”.

Zone No 1 (c) (Rural Small Holdings Zone)—edged heavy black and lettered “1 (c)”.

Zone No 1 (f) (Forestry Zone)—edged heavy black and lettered “1 (f)”.

Zone No 2 (v) (Village or Urban Zone)—edged heavy black and lettered “v”.

Zone No 8 (a) (National Parks and Nature Reserves Zone)—edged heavy black and lettered “8 (a)”.

9 Zone objectives and development control table

(1)  The objectives of a zone are set out in the Table to this clause under the heading “Objectives of Zone” appearing in the manner 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:

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

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

(c)  development that is prohibited,

is specified under the heading “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the manner relating to that zone.

(3)  Except as otherwise provided by this plan, the Council must 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.

Zone No 1 (a)   (General Rural Zone)

1 Objectives of zone

The objective of this zone is to promote the proper management and utilisation of resources by:

(a)  protecting, enhancing and conserving:

(i)  agricultural land in a manner which sustains its efficient and effective agricultural production potential, and

(ii)  forests of existing and potential commercial value for timber production, and

(iii)  valuable deposits of minerals, coal, petroleum and extractive materials, by controlling the location of development for other purposes in order to ensure the efficient extraction of those deposits, and

(iv)  trees and other vegetation, including vegetation the conservation of which is significant to scenic amenity, recreation or natural wildlife habitat and corridors or is likely to control land degradation, and

(v)  water resources for use in the public interest, and

(vi)  localities of significance for nature conservation, including localities with rare or threatened species of flora, threatened species of fauna, wetlands and significant wildlife habitats and corridors, and

(vii)  places and buildings of archaeological or heritage significance, including the protection of Aboriginal relics and places, and

(b)  facilitating farm adjustments, and

(c)  minimising the cost to the community of:

(i)  fragmented and isolated development of rural land, and

(ii)  providing, extending and maintaining public amenities and services, and

(d)  providing land for future urban development, for future rural-residential development and for future development for other non-agricultural purposes, in accordance with the need for that development.

2 Without development consent

Development for the purpose of:

agriculture; forestry.

3 Only with development consent

Any development not included in item 2 or 4.

4 Prohibited

Development for the purpose of:

motor showrooms; residential flat buildings.

Zone No 1 (c)   (Rural Small Holdings Zone)

1 Objectives of zone

The objective of this zone is to promote development of land identified as suitable for rural-residential or hobby farm development, supporting the creation of small holdings and allowing an attractive rural lifestyle.

2 Without development consent

Development for the purpose of:

agriculture.

3 Only with development consent

Any development not included in item 2 or 4.

4 Prohibited

Development for the purpose of:

boarding-houses; brothels; caravan parks; commercial premises; hotels; motels; motor showrooms; refreshment rooms; residential flat buildings; shops (other than general stores not exceeding 100 square metres in gross floor area); intensive livestock keeping establishments; offensive and hazardous industries.

Zone No 1 (f)   (Forestry Zone)

1 Objectives of zone

The objective of this zone is to permit the continuation and expansion of forestry and development for associated purposes.

2 Without development consent

Development for the purpose of:

agriculture (except the growing of cotton within two kilometres from the town boundary or one kilometre from a river bank); forestry.

3 Only with development consent

Nil.

4 Prohibited

Any development not included in item 2 or 3.

Zone No 2 (v)   (Village or Urban Zone)

1 Objectives of zone

The objective of this zone is to promote development in existing towns and villages in a manner which is compatible with their urban function.

2 Without development consent

Development for the purpose of:

dwelling-houses on lots having an area of 550 square metres or more.

3 Only with development consent

Any development not included in item 2 or 4.

4 Prohibited

Development for the purpose of:

brothels; extractive industries; intensive livestock keeping establishments; mines; offensive and hazardous industries.

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

1 Objectives of zone

The objectives of the zone are:

(a)  to identify land which is reserved or dedicated under the National Parks and Wildlife Act 1974, as a national park, nature reserve, historic site, Aboriginal place or state game reserve, and

(b)  to allow for the management and appropriate use of that land as provided for in the National Parks and Wildlife Act 1974.

2 Without development consent

Development for the purpose of:

anything authorised by the National Parks and Wildlife Act 1974.

3 Only with development consent

Nil.

4 Prohibited

Any development not included in item 2 or 3.

Part 3 Special provisions

10 Subdivision generally

A person may subdivide land to which this plan applies, but only with the consent of the Council.

11 General considerations for development within rural zones

(1)  The Council must not consent to development on land within Zone No 1 (a) or 1 (c) unless it has taken into consideration the effect of the carrying out of that development on the following:

(a)  the present use and the potential use of the land for the purpose of agriculture,

(b)  the vegetation, land capability (including soil resources and soil stability) and water resources (including the quality and stability of watercourses and ground water storage and riparian rights) of the land,

(c)  the protection of localities of significance for nature conservation or of high scenic or recreational value and places and buildings of archaeological or heritage significance, including Aboriginal relics and places,

(d)  the cost of providing, extending and maintaining public amenities and services to the land,

(e)  future expansion of settlements in the locality, and

(f)  the riparian lands of the river.

(2)  As well as the matters referred to in subclause (1), the Council must take into consideration the likely effect of the proposed development on adjoining land and on other land in the locality.

11A What is exempt and complying development?

(1)  Development of minimal environmental impact listed as exempt development in Development Control Plan No 1 as adopted by the Council on 23 May 2000 is exempt development, despite any other provision of this plan.

(2)  Development listed as complying development in Development Control Plan No 1 as adopted by the Council on 23 May 2000 is complying development if:

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

(b)  it is not an existing use, as defined in section 106 of the Act.

(3)  Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 1 as adopted by the council on 23 May 2000.

(4)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 1 adopted by the Council, as in force when the certificate is issued.

cl 11A: Ins 15.9.2000 (see also 29.9.2000).

12 Subdivision of land within Zone No 1 (a)

(1)  The Council must not consent to a subdivision of land within Zone No 1 (a) unless it has obtained all relevant information in relation to, and made an assessment of:

(a)  the primary purpose for which each allotment proposed to be created by the subdivision is intended to be used, and

(b)  the approximate location of any dwelling-house erected on the land at the date of the application, and

(c)  whether any proposed allotment is intended to be used primarily for the purpose of agriculture.

(2)  The Council may consent to the creation of an allotment of any area within Zone No 1 (a), if the Council is satisfied the allotment will be used for the purpose of agriculture or forestry, and:

(a)  the allotment to be created has no dwelling erected on it, or

(b)  if there is a dwelling already erected on the allotment to be created:

(i)  the allotment will have a minimum area of 1500 hectares, or

(ii)  the dwelling-house will be ancillary to the principal use of the land for agriculture in accordance with the criteria listed in Schedule 4 and the nature of the agricultural activity carried out requires on-site residence.

(4)  The Council must not consent to a subdivision of land within Zone No 1 (a) if any allotment to be created by the subdivision will be used primarily for purposes other than agriculture or forestry unless, in the opinion of the Council, the area of each allotment to be created by the subdivision is appropriate, having regard to the purpose for which it is being created.

Note—

Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 enables subdivision of lots smaller than allowed by this plan for the purposes of primary production.

cl 12: Am 2008 (128), Sch 1.26 [2].

12A Dwelling entitlements on existing concessional lots

The amendment of this plan by the State Environmental Planning Policy (Rural Lands) 2008 does not affect any entitlement arising under a provision of this plan (as in force before that amendment) to erect a dwelling-house on a lot, if:

(a)  the lot was created before that commencement, or

(b)  development consent to the creation of the lot was applied for, or granted, before that commencement.

cl 12A: Ins 2.6.2000. Subst 2008 (128), Sch 1.26 [3].

13 Dwelling-houses within Zone No 1 (a)

(1)  The Council must not consent to the erection of a dwelling-house on vacant land within Zone No 1 (a) unless:

(a)  the land comprises:

(i)  an existing holding, or

(ii)  an allotment created in accordance with clause 12 (4), and the dwelling will be ancillary to the primary purpose for which the land will be used, or

(iii)  an allotment created in accordance with a consent granted before the appointed day, being an allotment on which a dwelling-house could have been lawfully erected immediately prior to the appointed day, and

(b)  the land has an area of 1500 hectares or more, or the Council has determined (because the land meets one or more of the criteria listed in Schedule 4) that the dwelling will be ancillary to the principal use of the land for agriculture and is satisfied that the nature of the agricultural activity carried out requires on-site residence.

(2)  The Council may consent to the erection of one additional dwelling-house on land within Zone No 1 (a) (or the alteration of an existing dwelling-house to create 2 dwellings) if:

(a)  a dwelling-house may be erected on the land in accordance with subclause (1), and

(b)  the additional dwelling will not require the provision of additional access to a public road from the land, and

(c)  the surrounding land is capable of taking the waste water from the additional dwelling, and

(d)  any additional dwelling-house is located on the same allotment as the existing dwelling-house so that it cannot be separately owned unless the Council consents to a subsequent subdivision of the land in accordance with this plan.

(3)  Nothing in this clause prevents the erection of a dwelling-house on land on which another dwelling-house is erected, if the proposed dwelling-house is intended to replace the existing dwelling-house and is not occupied until after the original dwelling-house is demolished.

14 Subdivision of land within Zone No 1 (c)

(1)  The Council must not consent to a subdivision of land within Zone No 1 (c) unless it has obtained all relevant information in relation to, and made an assessment of:

(a)  the approximate location of any dwelling-house erected on the land at the date of the application, and

(b)  areas of high water table on that land.

(2)  The Council must not consent to a subdivision of land within Zone No 1 (c) unless:

(a)  the area of each allotment to be created is not less than 2 hectares, and

(b)  the Council is satisfied that an adequate permanent water supply will be available to each allotment to be created, and

(c)  sufficient area on each allotment on which a dwelling will be situated is provided for the disposal of effluent in a manner acceptable to the Council, and

(d)  each allotment created by the subdivision will have satisfactory access to a public road as determined by the Council.

15 Dwelling-houses within Zone No 1 (c)

(1)  The Council must not consent to a dwelling-house on vacant land within Zone No 1 (c) unless the land has an area of 2 hectares or greater, or is an allotment created in accordance with clause 14.

(2)  Nothing in this clause prevents the erection of a dwelling-house on land on which another dwelling-house is erected, if the proposed dwelling-house is intended to replace the original dwelling-house and is not occupied until the original dwelling-house is demolished.

16 Subdivision of land within Zone No 2 (v)

(1)  The Council must not consent to a subdivision of land within Zone No 2 (v) to create an allotment to be used for the purpose of a dwelling-house unless the allotment has an area of 550 square metres or more.

(2)  The Council must not consent to a subdivision of land within Zone No 2 (v) to create an allotment to be used otherwise than for the purpose of a dwelling-house unless the Council is satisfied that the allotment has sufficient frontage and area for the intended use.

17 Applications that must be advertised

The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act as in force on 30 June 1998 (being sections that provided for the giving of notice, and for the making and consideration of submissions, about proposed development) apply to and in respect of development specified in Schedule 2 in the same way as those provisions applied to and in respect of designated development.

18 Environmentally sensitive land

(1)  A person must not carry out development on environmentally sensitive land for the purpose of any of the following:

(a)  intensive livestock keeping,

(b)  junk yards,

(c)  liquid fuel depots,

(d)  offensive or hazardous industries,

(e)  sawmills (other than mobile sawmills),

(f)  stock and sale yards.

(2)  A person must not, except with the consent of the Council, cause the destruction of trees on land classified as environmentally sensitive otherwise than in accordance with a vegetation management plan approved by the Council.

(3)  The Council must not consent to an application made for the purposes of subclause (2) unless, in the opinion of the Council, the destruction of trees on the land will be carried out in a manner which, in respect of that land and adjacent land, minimises:

(a)  the risk of soil erosion and other land degradation, and

(b)  the loss of scenic amenity, and

(c)  the loss of important vegetation systems and natural wildlife habitats.

cl 18: Am 2008 (571), Sch 3.86 [1].

19 Flood liable land

(1)  The Council must not consent to development on land which it considers to be prone to flooding if that development is likely to:

(a)  restrict the flow of water on the land or on adjoining land, or

(b)  endanger life in time of flood, or

(c)  worsen the impact of flood water through erosion, siltation or the destruction of vegetation, or

(d)  have an adverse effect on the water table of the land or of adjoining land.

(2)  The Council must also take into consideration, when deciding whether to grant or refuse a development application that involves land it considers to be prone to flooding:

(a)  the cumulative effect the proposed development and other development will have on flood behaviour, and

(b)  the risk of pollution to waterways from the proposed development, and

(c)  whether access to the site of the proposed development will be available in times of flood.

20 Protection of heritage items and relics

(1)  The following development may be carried out only with the consent of the Council:

(a)  demolishing, defacing, damaging or moving a heritage item,

(b)  altering a heritage item by making structural changes to its exterior,

(c)  altering a heritage item by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance,

(d)  moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic,

(e)  erecting a building on, or subdividing, land on which a heritage item is located.

(2)  When determining a development application required by this clause, the Council must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item.

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

cl 20: Am 2008 (571), Sch 3.86 [2].

21 Notice of certain heritage development applications

Sections 84, 85, 86, 87 (1) and 90 of the Act as in force on 30 June 1998 (being sections that provided for the giving of notice, and for the making and consideration of submissions, about proposed development) apply to the demolishing, defacing or damaging of a heritage item (and to the use of a building referred to in clause 25 for the purpose which, but for that clause, would be prohibited by this plan) in the same way as those provisions applied to designated development.

22 (Repealed)

cl 22: Rep 2008 (571), Sch 3.86 [3].

23 Development of potential archaeological sites

(1)  The Council may grant consent to the carrying out of development on a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and

(b)    (Repealed)

(c)  it has notified the Hay Local Aboriginal Land Council of its intention to do so and has taken into consideration any comments received from the Hay Local Aboriginal Land Council within 28 days after the notice was sent, and

(d)  it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

(2)  The Council may grant consent to the carrying out of development on a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and

(b)    (Repealed)

(c)  it is satisfied that any excavation permit required by the Heritage Act 1977 has been granted.

cl 23: Am 2008 (571), Sch 3.86 [4].

24 Development in the vicinity of heritage items or potential archaeological sites

The Council must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item or potential archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.

25 Conservation incentives

(1)  The Council may grant consent to the use, for any purpose, of a building that is a heritage item, or of the land on which the building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:

(a)  the proposed use would not adversely affect the heritage significance of the item, and

(b)  the conservation of the building depends on the granting of the consent.

(2)  When considering an application for consent to erect a building on land on which a heritage item is located, the Council may, for the purpose of determining:

(a)  the floor space ratio, and

(b)  the number of parking spaces to be provided on the site,

exclude the floor space of the building from its calculation of the floor space of the buildings erected on the land, but only if the Council is satisfied that the conservation of the building depends on it making the exclusion.

26 Access

A person other than the Council must not construct a road which has access to a public road except with the consent of the Council.

27 Development along arterial roads

(1)  The Council must not consent to the carrying out of development on land which has frontage to an arterial road, unless:

(a)  access to that land is provided by a road other than the arterial road, wherever practical, and

(b)  in the opinion of the Council, the safety and efficiency of the arterial road will not be adversely affected by:

(i)  the design of the access to the proposed development, or

(ii)  the emission of smoke or dust from the proposed development, or

(iii)  the nature, volume or frequency of vehicles using the arterial road to gain access to the proposed development.

(2)  The Council must not consent to the carrying out of development listed in Schedule 3 on land within Zone No 1 (a) or 1 (c) if the site of the development will have direct access to:

(a)  an arterial road, or

(b)  a road connecting an arterial road, and the access to that road is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the arterial road.

28 Development along rivers

(1)  Despite any other provisions of this plan, a person must not, except with the consent of the Council:

(a)  destroy any tree on land within 200 metres of any bank of a river otherwise than in accordance with the Native Vegetation Act 2003, or

(b)  erect a building or carry out any other development on land within 200 metres of any bank of a river.

(2)  The Council must not consent to any development on land comprising a bed of a river.

(3)  The Council must not consent to an application required by subclause (1) unless, in the opinion of the Council, the destruction of the trees or the development of the land, including subdivision of the land, will be carried out in a manner which, in respect of that land and the adjacent land, minimises:

(a)  the risk of soil erosion and other land degradation, and

(b)  the loss of scenic amenity, and

(c)  the loss of important vegetation systems and natural wildlife habitats, including fish habitats.

(4)  The Council must not consent to an application required by subclause (1) unless the Council is satisfied that adequate services for waste water disposal and stormwater disposal will be available to the land for its proposed use.

cl 28: Am 2008 (571), Sch 3.86 [5].

29 Forestry

(1)  This clause applies to land within a State forest or timber reserve or other Crown-timber lands within the meaning of the Forestry Act 1916.

(2)  Despite clauses 9, 18 and 27, development may be carried out on land to which this clause applies without development consent:

(a)  by the Forestry Commission, if the development is authorised under the Forestry Act 1916, or

(b)  by any person, if the development is authorised by an authority granted or issued by the Forestry Commission under that Act.

30 Advertising structures

(1)  Other than as provided for in subclause (2), a person must not, except with the consent of the council, erect an advertising structure on land to which this plan applies.

(2)  Despite the other provisions of this plan, the consent of the council is not required for the erection of an advertising structure or display identified as exempt development in Hay Development Control Plan No 1 adopted by the Council on 23/5/00.

cl 30: Subst 25.1.2001.

Schedule 1 Heritage items and potential archaeological sites

(Clause 5)

(1)	Bishops Lodge and outbuildings	Moama Street, (Lot 34, DP 747124), South Hay
(2)	One Tree Hotel	One Tree, (Por 2, Parish Ulonga), Cobb Highway
(3)	Westpac Bank	112 Lachlan Street, (Lot 1, DP 215571), Hay
(4)	Post Office	120 Lachlan Street, (Lot 1, DP 774509), Hay
(5)	Lands Office	126 Lachlan Street, (pt Por 26), Hay
(6)	Hay Shire Council Chambers	134 Lachlan Street, (pt Por 27), Hay
(7)	John Witcombe Memorial Drinking Fountain	cnr Lachlan and Moppett Streets, Hay
(8)	Hay Courthouse	cnr Moppett and Pine Streets, (Por 123), Hay
(9)	Hay Railway Station	Murray Street, (Lot 4, DP 812034), Hay
(10)	Station Masters House	Murray Street, (Lot 4, DP 812034), Hay
(11)	Railway Porters Cottages	429–439 Murray Street, (Lots A and B, DP 164225), Hay
(12)	Railway Water Tower	Murray Street, Hay
(13)	Gatekeepers Cottages	262–264 Lachlan Street, (DP 806593, DP 812034), Hay
(14)	Former Terminus Hotel	193 Pine Street, (Lot 5, DP 758507), Hay
(15)	St Fergals Roman Catholic Presbytery	429 Moppett Street, (pt Por 53), Hay
(16)	St Pauls Pro-Cathedral	cnr Pine and Moppett Streets, (Lot 1, DP 811484), Hay
(17)	St Andrews Presbyterian Church	Bank Street, (Lot 12, DP 977824), Hay
(18)	Presentation Convent	cnr Pine and Orson Streets, (Lot 2, DP 119241), Hay
(19)	Hay Gaol	355 Church Street, (Reserve No 11030), Hay
(20)	Commercial Hotel	195–199 Lachlan Street, (Lot 3, DP 625354), Hay
(21)	Booligal Church	Hay St, (Por 2), Booligal
(22)	Former Sewage Treatment Works	off Brunker Street, Hay
(23)	Murrumbisdgil Swamp	As defined by a map available from the Department of Land and Water Conservation
(24)	Lake Merrimajeel	As defined by a map available from the Department of Land and Water Conservation

Schedule 2 Development which must be advertised

(Clause 17)

(1) The demolition, defacing, damaging or moving of a building or work that is a heritage item (not being partial demolition, which, in the opinion of the Council, 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 Council of Hay).

(2) Development for the purpose of any of the following: (a) boarding houses; brothels; hotels; motels; residential flat buildings, (b) industries (other than home industries and rural industries in Zone No 1 (a) or 1 (c)), (c) intensive livestock keeping establishments, (d) junk yards; liquid fuel depots; sawmills (other than mobile sawmills); stock and saleyards.

(3) A use of a building that is a heritage item, or of the land on which the building is erected, for which development consent is required for the purposes of clause 24.

Schedule 3 Restricted development along arterial roads

(Clause 27)

Development for the purpose of:

bulk stores	motels
caravan parks	places of assembly
car repair stations	places of public worship
clubs	plant nurseries
commercial premises	recreation establishments
educational establishments	recreation facilities
hospitals	refreshment rooms
hotels	roadside stalls
industries (other than rural industries)	sawmills
institutions	service stations
junk yards	stock and sale yards
liquid fuel depots	transport terminals
mines	warehouses

Schedule 4 Criteria for dwelling-houses considered ancillary to agriculture on land less than 1500 hectares in area

(Clauses 12 (2), 13)

1  A water supply suitable for the intended agricultural pursuit is established in appropriate locations for the intended agricultural pursuit.

2  Stock proof fencing surrounds the property and forms internal ‘paddocks’ or enclosures.

3  The land has been ‘worked’ for a period sufficient to demonstrate that the land is capable of sustaining agriculture as the dominant and continuing land use.

4  Records of existing or previous agricultural land uses indicate continued agriculture as the dominant land use.