I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S99/00785/S69)
ANDREW REFSHAUGE, M.P.,Minister for Planning
1 Name of plan
2 Aims of plan
This plan aims:(a) to classify or reclassify public land from community land to operation land within the meaning of the Local Government Act 1993, and(b) to ensure the public is aware that the classification or reclassification may have the following effect:(i) if the land is a public reserve, it may cease to be a public reserve,(ii) if the land (or part of the land) is affected any trusts, estates, interests, dedications, conditions, restrictions or covenants, those trusts, estates, interests, dedications, conditions, restrictions or covenants may be discharged, except for those that are specifically retained.
3 Land to which plan applies
This plan applies to public land within the local government area of Mudgee described in Schedule 1.
4 Classification and reclassification of public land as operational land
(1) The public land described in Part 1 or 2 of Schedule 1 is classified or reclassified as operational land for the purposes of the Local Government Act 1993, subject to this clause.(2) Land described in Part 1 of Schedule 1:(a) to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.(3) Land described in Columns 1 and 2 of Part 2 of Schedule 1, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified for the land in Column 3 of Part 2 of Schedule 1.(4) In this clause, the relevant plan, in relation to land described in Part 2 of Schedule 1, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.(5) Before the relevant plan inserted a description of land into Part 2 of Schedule 1, the Governor approved of subclause (3) applying to the land.(6) In Schedule 1, a reference to a map is to a map deposited in the office of Mudgee Shire Council.
Schedule 1 Classification and reclassification of public land as operational land
Part 1 Land classified or reclassified—interests not changed
Part 2 Land classified or reclassified—interests changed
Any trusts etc not discharged
Lots 1 and 2, DP 567513 and Lot 400, DP 756894
Lot 3, DP 830698 and Lot 1, DP 112922
Lot 2, DP 777991
Lot 6, Section 55, DP 758721
Lot 19, DP 251719