{"id":"nsw:epi-2012-0573","name":"Blayney Local Environmental Plan 2012","slug":"blayney-local-environmental-plan-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"573 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181431,"registerId":"nsw-nsw:epi-2012-0573-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Plan","content":"#### 1 Name of Plan\n\n1.1 Name of Plan\n\n> This Plan is [Blayney Local Environmental Plan 2012](/view/html/inforce/current/epi-2012-0573).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Rural Zones\n> \n> > RU1 Primary Production\n> > \n> > RU2 Rural Landscape\n> > \n> > RU3 Forestry\n> > \n> > RU5 Village\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> \n> > Special Purpose Zones\n> \n> > SP2 Infrastructure\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> \n> > Conservation Zones\n> \n> > C2 Environmental Conservation\n> \n> **cl 2.1:** Am 2015 (690), cl 5 (1); 2021 (181), Sch 1\\[1\\]; 2022 (832), Sch 1.1\\[1\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2015 (690), cl 5 (2); 2016 (168), Sch 1 \\[2\\]; 2017 (493), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2021 (181), Sch 1\\[2\\]; 2022 (314), Sch 1; 2022 (832), Sch 1.1\\[2\\]; 2023 (458), Sch 2.8\\[1\\].\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU3 Forestry\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone C2 Environmental Conservation","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Community facilities; Correctional centres; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Function centres; Helipads; Heliports; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Moorings; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Restaurants or cafes; Roads; Roadside Stalls; Rural industries; Truck depots; Veterinary hospitals; Water recreation structures; Water supply systems","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Any development not specified in item 2 or 3","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":79},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":83},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":98},{"sectionNumber":"5","sectionType":"section","heading":"Relevant acquisition authority","content":"#### 5 Relevant acquisition authority\n\n5.1 Relevant acquisition authority\n\n> > (1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) (the owner-initiated acquisition provisions).\n> > \n> > Note.\n> > \n> > If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) requires the authority to acquire the land.\n> \n> > (2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/blayney-local-environmental-plan-2012) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.\n> > \n> > Note.\n> > \n> > When this Plan was made, no land in the zones listed in the Table to subclause (2) were included on the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/blayney-local-environmental-plan-2012) as the land is owned by a State authority, a public company or a subsidiary of a public company.","sortOrder":99},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":125},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n6.1 (Repealed)","sortOrder":126},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n**sch 1:** Am 2022 (832), Sch 1.1\\[6\\].","sortOrder":136},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 2 Exempt development\n\nSchedule 2 Exempt development\n\n(Clause 3.1)\n\nNote 1.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.\n\nNote 2.\n\nExempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.\n\n(When this Plan was made this Schedule was blank)","sortOrder":138},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Complying development","content":"# Schedule 3 Complying development\n\nSchedule 3 Complying development\n\n(Clause 3.2)\n\nNote.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.","sortOrder":139},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec General conditions\n\nGeneral conditions\n\n> Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":142},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)\n\n**sch 4:** Am 2014 (32), cl 4 (1) (2); 2024 (529), Sch 1\\[1\\].","sortOrder":143},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)\n\n**sch 5:** Am 2013 No 47, Sch 2.3; 2016 (292), cl 5 (1)–(6).","sortOrder":147},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Pond-based and tank-based aquaculture","content":"# Schedule 6 Pond-based and tank-based aquaculture\n\nSchedule 6 Pond-based and tank-based aquaculture\n\n(Clause 5.19)","sortOrder":150},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":152},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":154},{"sectionNumber":"7","sectionType":"section","heading":"Conservation exclusion zones","content":"#### 7 Conservation exclusion zones\n\n7 Conservation exclusion zones\n\n> > (1) Must not be carried out on the following land, except to the extent necessary to gain access to water—\n> > \n> > > (a) land declared an area of outstanding biodiversity value under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063),\n> > \n> > > (b) vacant Crown land,\n> > \n> > > (c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.\n> \n> Note.\n> \n> Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.","sortOrder":162},{"sectionNumber":"8","sectionType":"section","heading":"Flood liability","content":"#### 8 Flood liability\n\n8 Flood liability\n\n> Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.","sortOrder":163},{"sectionNumber":"9","sectionType":"section","heading":"Species selection","content":"#### 9 Species selection\n\n9 Species selection\n\n> Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).","sortOrder":165},{"sectionNumber":"10","sectionType":"section","heading":"Pond design","content":"#### 10 Pond design\n\n10 Pond design\n\n> > (1) Must not require the construction of new ponds, water storages, dams or buildings.\n> \n> > (2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.\n> \n> > (3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.","sortOrder":166},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":167}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The plan has been amended more than 50 times since its original commencement in November 2012, indicating that its scope, permitted land uses, development standards, and zoning maps have evolved substantially from the original instrument. Frequent amendments of this nature typically reflect rezoning of specific parcels, updates to permitted land uses in various zones, and incorporation of state government policy changes — all of which can materially alter what landowners and developers are allowed to do compared to when the plan first took effect."},"complexity_factors":["Standard instrument LEP format adds baseline complexity through multiple interconnected zones, land use tables, and development standards","Extensive amendment history — over 50 versions since 2012 — means the current rules may differ significantly from the original, and historical research is complicated","Must be read alongside NSW state-level planning legislation (Environmental Planning and Assessment Act 1979) and state environmental planning policies, which can override or supplement local rules","Land zoning system requires cross-referencing maps with written provisions to understand what applies to any specific property","Multiple overlapping controls (heritage, flood, biodiversity, acid sulfate soils, etc.) can apply simultaneously to a single parcel of land","Distinction between 'permitted without consent', 'permitted with consent', and 'prohibited' uses requires careful interpretation for each zone","Rural and agricultural provisions involve technical definitions and land management concepts unfamiliar to most laypeople"],"plain_english_summary":"The Blayney Local Environmental Plan 2012 is the primary land‑use rulebook for Blayney Shire, controlling what landowners, farmers, businesses and developers can do with property across town and rural areas. It zones land, sets development standards (heights, lot sizes, coverage), protects heritage, biodiversity, waterways and flood‑prone land, and regulates subdivision.\n\nBecause it has been amended many times since 2012, always check the current version before buying, building or changing land use."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Plan replaced earlier local environmental instruments that applied to the area (cl 1.8) and applies to the land shown on the Land Application Map (cl 1.3). Amendment notes throughout the text show the Plan’s scope and specific local rules have been altered since enactment (see amendment citations in cl 2.1, cl 4.6, Schedule 4 and many other clauses). Clause 1.8A preserves the treatment of pending development applications at commencement, indicating a consolidation of instruments and a change in which instruments govern the land."},"complexity_factors":["Extensive zoning and a detailed Land Use Table that differentiates permitted, consent and prohibited uses across many zones (cl 2.1–2.3, Land Use Table).","Multiple mapped overlays and spatial controls (Land Zoning Map, Lot Size Map, Heritage Map, Biodiversity Map, Drinking Water Catchment Map, Dwelling Opportunity Map, Riparian Map, Sewage Treatment Plant and Waste Depot Buffer Map) require cross‑checking of location‑specific rules (cl 1.3, cl 1.7; see clauses throughout Parts 4–6).","Numerous bespoke local exceptions and site‑specific subdivision rules (eg. cl 4.1B, 4.1C, 4.1D, 4.1AA–4.1A) increase conditionality and case‑by‑case assessment.","Significant discretion vested in the consent authority (Council) across temporary uses, variations to development standards, heritage, environmental and subdivision matters (cl 1.6, cl 2.8, cl 4.6, cl 5.10, cl 6.3–6.7).","Multiple development pathways — exempt development, complying development, development consent, special local provisions — create procedural complexity (Part 3; cl 3.1–3.3; cl 1.8A).","Cross‑references to State Environmental Planning Policies and other Acts mean interpretation depends on external instruments and amendment history (cl 1.9, cl 1.9A; amendment notes throughout the Plan).","A large heritage schedule and conservation areas impose tailored consent, notification and assessment requirements (Schedule 5; cl 5.10), increasing assessment time and specialist inputs.","Detailed environmental and sectoral controls (aquaculture, intensive livestock, eco‑tourist facilities, flood and groundwater protections) require technical assessments, management strategies and monitoring (cl 5.13, 5.18, 5.19, cl 5.21, cl 6.3–6.6).","Statutory land classification and owner‑initiated acquisition mechanisms introduce additional administrative steps and potential approvals (cl 5.1–5.2; Schedule 4)."],"plain_english_summary":"Blayney Local Environmental Plan 2012 sets zoning, mapped overlays and rules for development in the Blayney local government area. It determines which land uses are permitted, require consent, are exempt or prohibited, and maps controls for lot sizes, heritage, biodiversity and drinking‑water catchments.\n\nIt affects landowners, developers and the Council: landowners face compliance costs and consent processes; the Council is the consent authority with discretion to grant exceptions or impose conditions to protect heritage, agriculture and environmental values."},"kimi_summary":{"_metrics":{"completionTokens":636},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a local environmental plan. While it has been amended multiple times (noted throughout with amendment references), these amendments appear to be incremental updates rather than scope expansion — adding specific site-based exceptions, updating terminology, and refining rural subdivision rules. The core scope remains land use planning for the Blayney Shire."},"complexity_factors":["Multiple overlapping zone categories (12 zones) with detailed permitted/prohibited use tables","Extensive heritage schedule with 350+ individually listed items across multiple towns","Numerous conditional clauses with nested exceptions (e.g., clause 4.2A with 6 alternative pathways for rural dwellings)","Multiple maps referenced throughout (Land Zoning Map, Lot Size Map, Dwelling Opportunity Map, Heritage Map, Natural Resource maps) that must be read together","Cross-references to multiple State Environmental Planning Policies and other legislation","Detailed aquaculture provisions with separate requirements for pond-based, tank-based, extensive and intensive systems","Heritage controls requiring multiple assessment pathways (heritage management documents, conservation management plans, Aboriginal community consultation)","Subdivision rules with multiple exceptions and special areas (Areas A, B, C, D) with different standards"],"plain_english_summary":"This is the **Blayney Local Environmental Plan 2012**, a planning rulebook that controls what can be built and how land can be used across the Blayney Shire in central-western New South Wales.\n\n**What it does:**\n- **Zones land** into categories like rural (primary production, forestry), residential, employment (shops, factories), recreation, and conservation areas\n- **Sets rules** for each zone about what development needs approval, what doesn't, and what's banned\n- **Protects heritage** — lists over 350 heritage items (old buildings, churches, homesteads, mines) and 4 heritage conservation areas in towns like Blayney, Carcoar, Millthorpe and Newbridge\n- **Controls subdivision** — sets minimum lot sizes, especially in rural areas to stop farmland being broken into tiny blocks\n- **Protects the environment** — special rules for drinking water catchments, groundwater, biodiversity areas, riparian land (riverbanks), and flood-prone land\n- **Enables rural housing** — allows new dwellings in rural zones only on larger lots or existing holdings, with some exceptions\n\n**Who it affects:**\n- Property owners wanting to build, subdivide, or change land use\n- Farmers and rural businesses\n- Developers and builders\n- Anyone buying property in the Blayney Shire\n\n**Key local features:**\n- Strong protections for the area's gold rush and agricultural heritage\n- Special rules for intensive livestock (piggeries, poultry farms) to manage odour and pollution\n- Prohibits \"canal estate\" development (artificial waterways with housing)\n- Supports eco-tourism and farm stay accommodation in rural areas\n- Protects water quality for drinking water supplies"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/blayney-local-environmental-plan-2012","history":"/api/acts/blayney-local-environmental-plan-2012/history","analysis":"/api/acts/blayney-local-environmental-plan-2012/analysis","conflicts":"/api/acts/blayney-local-environmental-plan-2012/conflicts","importantCases":"/api/acts/blayney-local-environmental-plan-2012/important-cases","documents":"/api/acts/blayney-local-environmental-plan-2012/documents"}}