{"id":"nsw:epi-2013-0033","name":"Central Darling Local Environmental Plan 2012","slug":"central-darling-local-environmental-plan-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"33 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181256,"registerId":"nsw-nsw:epi-2013-0033-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 [Central Darling Local Environmental Plan 2012](/view/html/inforce/current/epi-2013-0033).","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> > RU5 Village\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R5 Large Lot Residential\n> \n> > Employment Zones\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> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> \n> **cl 2.1:** Am 2022 (831), Sch 1.3\\[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 2016 (168), Sch 1 \\[2\\] \\[5\\]; 2017 (493), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2021 (265), Sch 1\\[1\\]–\\[6\\]; 2022 (314), Sch 1; 2022 (831), Sch 1.3\\[2\\]; 2023 (458), Sch 2.18.\n\nZone RU1 Primary Production\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R5 Large Lot Residential\n\nZone E4 General Industrial\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone W1 Natural Waterways","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agritourism; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; Heavy industries; Helipads; 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; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Roadside stalls; Rural industries; Rural workers’ dwellings; Sewerage systems; Veterinary hospitals; Waste disposal facilities; 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":71},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":75},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":88},{"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/central-darling-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/central-darling-local-environmental-plan-2012) as the land is owned by a State authority, a public company or a subsidiary of a public company.","sortOrder":89},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":115},{"sectionNumber":"6","sectionType":"section","heading":"Earthworks","content":"#### 6 Earthworks\n\n6.1 Earthworks\n\n> > (1) The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.\n> \n> > (2) Development consent is required for earthworks unless—\n> > \n> > > (a) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or\n> > \n> > > (b) the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.\n> \n> > (3) Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—\n> > \n> > > (a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,\n> > \n> > > (b) the effect of the development on the likely future use or redevelopment of the land,\n> > \n> > > (c) the quality of the fill or the soil to be excavated, or both,\n> > \n> > > (d) the effect of the development on the existing and likely amenity of adjoining properties,\n> > \n> > > (e) the source of any fill material and the destination of any excavated material,\n> > \n> > > (f) the likelihood of disturbing relics,\n> > \n> > > (g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,\n> > \n> > > (h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.\n> \n> Note.\n> \n> The [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), particularly section 86, deals with harming Aboriginal objects.","sortOrder":116},{"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(When this Plan was made this Schedule was blank)","sortOrder":122},{"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":123},{"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":124},{"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":127},{"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 2021 (447), cl 4; 2024 (210), Sch 1.","sortOrder":128},{"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 2021 (265), Sch 1\\[7\\].\n\n**Maps:** Am 2021 (265) cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.","sortOrder":132},{"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":135},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":137},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":139},{"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":147},{"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":148},{"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":150},{"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":151},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":152}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"While the core purpose — land use planning for Central Darling Shire — has remained constant, the plan's scope has clearly evolved through its 40+ amendments since 2013. These amendments likely reflect changes to permitted land uses, updated development standards, new heritage listings, and incorporation of updated state government planning policies. This is typical for LEPs, which are living documents that adapt to changing community needs, state government priorities, and environmental conditions over time."},"complexity_factors":["Standard instrument LEP format means it incorporates a large body of standardised NSW planning law by reference, which itself is complex","Operates under the Environmental Planning and Assessment Act 1979, a highly technical piece of legislation","Land zoning tables require cross-referencing between zones, permitted uses, and development standards","Over 40 amendments since 2013 mean determining what applied at any given point in time requires careful version tracking","Applies across a geographically large and diverse shire with varied land use types (agricultural, environmental, residential, etc.)","Interaction with other state-level environmental planning policies (SEPPs) adds layers of complexity","Heritage, biodiversity, and flood provisions involve specialist assessment criteria","The actual substantive provisions of the plan (land use tables, maps, schedules) are not reproduced in the provided text, making full assessment of complexity difficult"],"plain_english_summary":"The Central Darling Local Environmental Plan 2012 is the planning rulebook that governs what land in Central Darling Shire can be used for and how it can be developed. It shapes where homes, farms, businesses and conservation can occur, sets the regulatory standards developers and owners must meet, and empowers the council to approve or refuse proposals and enforce compliance.\n\nIt matters to landowners, farmers, businesses, developers and council staff because it determines whether proposed uses or works are allowed, and what approvals are required."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan's operational scope has been modified since it was made: multiple amendment notes show additions and changes (for example cl 1.8A amended 2019 (621), cl 1.9A amended 2019 (621); cl 2.1 amended 2022 (831), Sch 1.3[1]; cl 4.6 amended 2022 (831), Sch 1.3[3]; Schedule 5 amended 2021 (265), Sch 1[7]; Schedule 4 amended 2021 (447) and 2024 (210)). Several template clauses remain marked 'Not adopted', so the Plan's practical scope differs from the full model instrument and has been narrowed or tailored in places while other provisions have been expanded or updated by later amendments."},"complexity_factors":["Detailed zoning matrix linking each zone to distinct permitted/consent/prohibited uses (cl 2.1; Land Use Table)","Multiple development pathways: exempt, complying and development consent with different tests and thresholds (Part 3, cl 3.1–3.3)","Extensive site-specific numeric controls and exceptions (minimum lot sizes, dugout lot caps, bed-and-breakfast/retail area limits, livestock capacity thresholds) (cls 4.1, 4.1A, 6.5, 5.4, 5.18)","Numerous cross-references to State environmental planning policies and other Acts creating layered compliance obligations (cl 1.9; multiple clauses referencing Acts)","Localised special provisions (White Cliffs dugouts, Darling river front area, Siding Spring placeholders) that impose bespoke technical tests (cls 6.5, 6.3)","Heritage regime requiring notification, heritage management documents and conservation incentives with procedural steps and timeframes (cl 5.10)","Schedules and maps that determine application but are maintained or amended separately (Maps, Schedules 4–6), increasing dependency on external instruments and amendments","Several amended, repealed or 'not adopted' clauses across the Plan, producing conditional applicability and interpretive complexity (amendment notes on cls 1.8A, 1.9A, 4.6, Schedule 5 etc.)"],"plain_english_summary":"Mechanically, this Local Environmental Plan maps land in Central Darling into zones, sets what uses are permitted, requires development consent for most subdivision, demolition and specified activities, and establishes local controls (minimum lot sizes, heritage controls, special dugout and riverfront rules, aquaculture rules and exemptions/compliance pathways). It aims to protect agricultural, environmental and heritage values and to guide settlement. The rules primarily affect landowners, developers, the Council as consent authority and relevant state agencies by changing what development is allowed, what needs consent, and what site-specific conditions apply."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":776},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Plan appears consistent with its original intent as a standard local environmental plan for the Central Darling region. While it has been amended over time (noted amendments in 2016, 2017, 2019, 2021, 2022, 2023, 2024), these appear to be routine updates rather than significant scope expansion. The core structure remains focused on land use zoning, development controls, and local special provisions appropriate for this rural-remote council area."},"complexity_factors":["Multiple overlapping zone categories (11 zones) with detailed permitted/prohibited use tables","Extensive cross-referencing to State Environmental Planning Policies and other legislation","Specialised local provisions including dugout-specific requirements and river front controls","Detailed aquaculture schedules with operational requirements and conservation exclusions","Heritage protection clauses with multiple notification and assessment requirements","Nested exceptions and conditional provisions (e.g., exempt development criteria with multiple sub-conditions)","Multiple maps referenced (Land Zoning Map, Lot Size Map, Dugout Areas Map, Heritage Map) that are external to the text","Savings and transitional provisions for existing development applications"],"plain_english_summary":"**What this Plan does:**\n\nThis is the **Central Darling Local Environmental Plan 2012** — a rulebook that controls what can be built and how land can be used across the Central Darling region of outback NSW (including towns like Wilcannia, Menindee, Ivanhoe and White Cliffs).\n\n**Key things it covers:**\n\n- **Land zones:** Divides land into categories like Primary Production (farming), Village, Residential, Industrial, and Conservation. Each zone has rules about what activities are allowed, need approval, or are banned.\n\n- **Development rules:** Sets out when you need council approval (development consent) and when you don't. For example, building a house on a farm usually needs approval, but minor things like home-based child care might not.\n\n- **Heritage protection:** Lists heritage buildings and areas (like old hotels, courthouses, and the Wilcannia conservation area) that need special approval before changes can be made.\n\n- **Special local rules:**\n  - **White Cliffs dugouts:** Unique rules for underground homes in the opal mining town — any accommodation or business must be in a proper \"dugout\" with safety features like ventilation, fire safety, and water supply.\n  - **River front development:** Strict limits on building near the Darling River to protect water quality and public access.\n  - **Rural subdivision:** Controls how farmland can be divided up to stop it being broken into unusable small blocks.\n  - **Aquaculture:** Detailed rules for fish farming in ponds or tanks.\n\n- **Flood planning:** Requires new development to consider flood risks and climate change impacts.\n\n- **Music and entertainment:** Protects live music venues by preventing council from refusing approval based on music genre, volume, or dancing.\n\n**Who it affects:** Anyone who owns, buys, or wants to develop land in Central Darling — from farmers and homeowners to businesses and tourism operators. The local council (Central Darling Shire) makes most decisions, but some things need state government involvement.\n\n**Why it matters:** This Plan balances economic development (farming, mining, tourism) with protecting the environment, Aboriginal heritage, and the unique character of this remote region — including its famous underground dwellings and the Darling River."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/central-darling-local-environmental-plan-2012","history":"/api/acts/central-darling-local-environmental-plan-2012/history","analysis":"/api/acts/central-darling-local-environmental-plan-2012/analysis","conflicts":"/api/acts/central-darling-local-environmental-plan-2012/conflicts","importantCases":"/api/acts/central-darling-local-environmental-plan-2012/important-cases","documents":"/api/acts/central-darling-local-environmental-plan-2012/documents"}}