{"id":"nsw:epi-2012-0333","name":"Eurobodalla Local Environmental Plan 2012","slug":"eurobodalla-local-environmental-plan-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"333 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181465,"registerId":"nsw-nsw:epi-2012-0333-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 [Eurobodalla Local Environmental Plan 2012](/view/html/inforce/current/epi-2012-0333).","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> > RU3 Forestry\n> > \n> > RU4 Primary Production Small Lots\n> > \n> > RU5 Village\n> \n> > Residential Zones\n> \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density 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> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\n> > \n> > SP2 Infrastructure\n> > \n> > SP3 Tourist\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> > C2 Environmental Conservation\n> > \n> > C4 Environmental Living\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> > \n> > W2 Recreational Waterways\n> \n> **cl 2.1:** Am 2022 (830), Sch 1.11\\[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 2013 (19), Sch 1; 2015 (723), Sch 1 \\[1\\]–\\[4\\]; 2016 (593), Sch 1 \\[2\\]; 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2019 (503), Sch 1\\[3\\]–\\[40\\]; 2019 (621), Sch 3; 2020 (67), cl 5(1) (2); 2021 (714), Sch 10.7; 2022 (314), Sch 1; 2022 (830), Sch 1.11\\[2\\].\n\nZone RU1 Primary Production\n\nZone RU3 Forestry\n\nZone RU4 Primary Production Small Lots\n\nZone RU5 Village\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone MU1 Mixed Use\n\nZone SP1 Special Activities\n\nZone SP2 Infrastructure\n\nZone SP3 Tourist\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone C2 Environmental Conservation\n\nZone C4 Environmental Living\n\nZone W1 Natural Waterways\n\nZone W2 Recreational Waterways","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agriculture; Animal boarding or training establishments; Aquaculture; Camping grounds; Cellar door premises; Dual occupancies; Dwelling houses; Eco-tourist facilities; Extractive industries; Farm buildings; Funeral homes; Home industries; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Plant nurseries; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Secondary dwellings; Tourist and visitor accommodation; Any other development not specified in item 2 or 4","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Advertising structures; Amusement centres; Business premises; Caravan parks; Centre-based child care facilities; Entertainment facilities; Heavy industrial storage establishments; Hotel or motel accommodation; Industrial retail outlets; Industries; Office premises; Residential accommodation; Restricted premises; Retail premises; Serviced apartments; Sex services premises; Vehicle body repair workshops; Vehicle repair stations","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":115},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":119},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":136},{"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/eurobodalla-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> > | Zone SP2 Infrastructure and marked “Car park” | Council |\n> > | Zone SP2 Infrastructure and marked “Local Road Widening” | Council |\n> > | Zone C2 Environmental Conservation and marked “Coastal Lands Acquisition” | The corporation constituted under section 8 of the Act |\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> **cl 5.1:** Am 2022 (830), Sch 1.11\\[6\\].","sortOrder":137},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":164},{"sectionNumber":"6","sectionType":"section","heading":"Public utility infrastructure","content":"#### 6 Public utility infrastructure\n\n6.1 Public utility infrastructure\n\n> > (1) Development consent must not be granted for development on land in a land release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.\n> \n> > (2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.","sortOrder":165},{"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 2015 (723), Sch 1 \\[8\\] \\[9\\]; 2016 (593), Sch 1 \\[4\\] \\[5\\]; 2018 (195), Sch 1 \\[1\\]; 2019 (503), Sch 1\\[50\\]–\\[53\\]; 2022 (830), Sch 1.11\\[14\\] \\[15\\] (subst 2023 (188), Sch 1.3) \\[16\\].","sortOrder":186},{"sectionNumber":"7","sectionType":"section","heading":"Use of certain land at 1554 Princes Highway, Bimbimbie","content":"#### 7 Use of certain land at 1554 Princes Highway, Bimbimbie\n\n7 Use of certain land at 1554 Princes Highway, Bimbimbie\n\n> > (1) This clause applies to land at 1554 Princes Highway, Bimbimbie, being Lots 21 and 22, DP 1063392.\n> \n> > (2) Development for the purposes of an animal boarding or training establishment is permitted with development consent.","sortOrder":193},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at Bodalla","content":"#### 8 Use of certain land at Bodalla\n\n8 Use of certain land at Bodalla\n\n> > (1) This clause applies to land at Bodalla, being Lots 1–11, DP 32142 and Lots 12 and 13, DP 1060883.\n> \n> > (2) Development for the purposes of a single dwelling on each lot is permitted with development consent, if the means of access to each lot is satisfactory to the consent authority.","sortOrder":194},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at 1166 Princes Highway, Jeremadra","content":"#### 9 Use of certain land at 1166 Princes Highway, Jeremadra\n\n9 Use of certain land at 1166 Princes Highway, Jeremadra\n\n> > (1) This clause applies to land at 1166 Princes Highway, Jeremadra, being Lot 1, DP 60785.\n> \n> > (2) Development for the purpose of an extractive industry within the curtilage of the existing quarry is permitted with development consent.","sortOrder":195},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at Princes Highway, Mogo","content":"#### 10 Use of certain land at Princes Highway, Mogo\n\n10 Use of certain land at Princes Highway, Mogo\n\n> > (1) This clause applies to land at Princes Highway, Mogo, being Lot 1, DP 875990.\n> \n> > (2) Development for the purposes of extractive industries within the curtilage of the existing quarry is permitted with development consent.","sortOrder":196},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at Bruce Cameron Drive (Airport Road), Moruya","content":"#### 11 Use of certain land at Bruce Cameron Drive (Airport Road), Moruya\n\n11 Use of certain land at Bruce Cameron Drive (Airport Road), Moruya\n\n> > (1) This clause applies to land at Bruce Cameron Drive (Airport Road), Moruya, being Lot 4, DP 1090948.\n> \n> > (2) Development for the purposes of commercial, tourist, residential, industrial and recreational land uses that are related to the use of Moruya Airport is permitted with development consent.","sortOrder":197},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at 97 Campbell Street, Moruya","content":"#### 12 Use of certain land at 97 Campbell Street, Moruya\n\n12 Use of certain land at 97 Campbell Street, Moruya\n\n> > (1) This clause applies to land at 97 Campbell Street, Moruya, being Lot 6, DP 1089159.\n> \n> > (2) Development for the purposes of industry, being specifically for a concrete batching plant, is permitted with development consent.","sortOrder":198},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at 28A Evans Street, Moruya","content":"#### 13 Use of certain land at 28A Evans Street, Moruya\n\n13 Use of certain land at 28A Evans Street, Moruya\n\n> > (1) This clause applies to land at 28A Evans Street, Moruya, being Lot 308 (SPL 1964/13), DP 752151.\n> \n> > (2) Development for the purpose of serviced apartments in association with a registered club is permitted with development consent.","sortOrder":199},{"sectionNumber":"14","sectionType":"section","heading":"Use of certain land at North Head Drive, Moruya","content":"#### 14 Use of certain land at North Head Drive, Moruya\n\n14 Use of certain land at North Head Drive, Moruya\n\n> > (1) This clause applies to land at North Head Drive, Moruya, being Lot 100, DP 1004180.\n> \n> > (2) Development for the purposes of hotel or motel accommodation comprising 18 detached and semi-detached rooms or self-contained facilities, amenities and recreation hall, workshop and storage building, boiler house, BBQ shelter and a caretaker’s residence is permitted with development consent.","sortOrder":200},{"sectionNumber":"15","sectionType":"section","heading":"Use of certain land at Old Mossy Point Road, Mossy Point","content":"#### 15 Use of certain land at Old Mossy Point Road, Mossy Point\n\n15 Use of certain land at Old Mossy Point Road, Mossy Point\n\n> > (1) This clause applies to land at Old Mossy Point Road, Mossy Point, being Lot 1, DP 1040724.\n> \n> > (2) Development for the purposes of residential accommodation, consisting of no more than 90 dwellings, is permitted with development consent.","sortOrder":201},{"sectionNumber":"15A","sectionType":"section","heading":"Use of certain land at Wharf Street, Nelligen","content":"#### 15A Use of certain land at Wharf Street, Nelligen\n\n15A Use of certain land at Wharf Street, Nelligen\n\n> > (1) This clause applies to the following parcels of land at Nelligen—\n> > \n> > > (a) the parcel of land comprising 1 Wharf Street, being Lot 15, Section 6, DP 758762,\n> > \n> > > (b) the parcel of land comprising 3, 5, 7 and 9 Wharf Street, being Lots 11–13, Section 6, DP 758762, Lot 1, DP 125591 and Lot 1, DP 1038903,\n> > \n> > > (c) the parcel of land comprising 11 Wharf Street, being Lot 10, Section 6, DP 758762,\n> > \n> > > (d) the parcel of land comprising 13 and 15 Wharf Street, being Lots 8 and 9, DP 571676,\n> > \n> > > (e) the parcel of land comprising 17 and 19 Wharf Street, being Lots 6 and 7, Section 6, DP 758762.\n> \n> > (2) Development for the purposes of a single dwelling house (and any associated bed and breakfast accommodation, health consulting rooms, home-based child care, home business, home industry or secondary dwelling) is permitted with development consent on each of the parcels of land specified in subclause (1).","sortOrder":202},{"sectionNumber":"16","sectionType":"section","heading":"Use of certain land at Clyde Road, North Batemans Bay","content":"#### 16 Use of certain land at Clyde Road, North Batemans Bay\n\n16 Use of certain land at Clyde Road, North Batemans Bay\n\n> > (1) This clause applies to land at Clyde Road, North Batemans Bay, being Lot 70, DP 877865.\n> \n> > (2) Development for the purposes of a building or group of buildings used for storage of a maximum of 60 boats and the undertaking of ancillary boat servicing activities is permitted with development consent.","sortOrder":203},{"sectionNumber":"17","sectionType":"section","heading":null,"content":"#### 17\n\n17 (Repealed)","sortOrder":204},{"sectionNumber":"18","sectionType":"section","heading":"Use of certain land at 44 Tranquil Bay Place, Rosedale","content":"#### 18 Use of certain land at 44 Tranquil Bay Place, Rosedale\n\n18 Use of certain land at 44 Tranquil Bay Place, Rosedale\n\n> > (1) This clause applies to land at 44 Tranquil Bay Place, Rosedale, being Lot 4, DP 804658.\n> \n> > (2) Development for the purposes of two attached dwellings for holiday accommodation on a casual basis for the exclusive use of terminally ill persons and their families is permitted with development consent. The development must be contained within the nominated building curtilage as shown on the deposited plan.","sortOrder":205},{"sectionNumber":"19","sectionType":"section","heading":"Use of certain land at Old South Coast Road, South Narooma","content":"#### 19 Use of certain land at Old South Coast Road, South Narooma\n\n19 Use of certain land at Old South Coast Road, South Narooma\n\n> > (1) This clause applies to land at Old South Coast Road, South Narooma, being Lot 31, DP 876114, Lots 3 and 4, DP 1042712 and Lots 4 and 5, DP 1040577.\n> \n> > (2) Development for the purposes of one dwelling on each lot is permitted with development consent.","sortOrder":206},{"sectionNumber":"20","sectionType":"section","heading":"Use of certain land at 2–10 Ainslie Place, Tomakin","content":"#### 20 Use of certain land at 2–10 Ainslie Place, Tomakin\n\n20 Use of certain land at 2–10 Ainslie Place, Tomakin\n\n> > (1) This clause applies to land at 2–10 Ainslie Parade, Tomakin, being part of Lot 33, DP 207386, identified as “2” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/eurobodalla-local-environmental-plan-2012).\n> \n> > (2) Development for the purposes of a market and storage of items for sale at that market is permitted with development consent.","sortOrder":207},{"sectionNumber":"21","sectionType":"section","heading":"Use of certain land at George Bass Drive, Tomakin","content":"#### 21 Use of certain land at George Bass Drive, Tomakin\n\n21 Use of certain land at George Bass Drive, Tomakin\n\n> > (1) This clause applies to land at George Bass Drive, Tomakin, being Lot 1, DP 881897, Lot 3, DP 843654 and Lot 221, DP 1111921.\n> \n> > (2) Development for the purposes of residential accommodation, consisting of no more than 60 dwellings, is permitted with development consent.","sortOrder":208},{"sectionNumber":"22","sectionType":"section","heading":"Use of certain land at Trafalgar Street, Tuross Head","content":"#### 22 Use of certain land at Trafalgar Street, Tuross Head\n\n22 Use of certain land at Trafalgar Street, Tuross Head\n\n> > (1) This clause applies to land at Trafalgar Street, Tuross Head, being Lots D–J, DP 18055, Lot K, DP 362231, Lot 1, DP 624709, Lots 1–5, DP 28921 and part of Lot 8, DP 28921, identified as “3” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/eurobodalla-local-environmental-plan-2012).\n> \n> > (2) Development for the purposes of restaurants or cafes, take away food and drink premises and shops is permitted with development consent.","sortOrder":209},{"sectionNumber":"23","sectionType":"section","heading":null,"content":"#### 23\n\n23 (Repealed)","sortOrder":210},{"sectionNumber":"24","sectionType":"section","heading":"Use of certain land in Zones R2, R3 and C4 at Moruya","content":"#### 24 Use of certain land in Zones R2, R3 and C4 at Moruya\n\n24 Use of certain land in Zones R2, R3 and C4 at Moruya\n\n> > (1) This clause applies to land identified as “4” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/eurobodalla-local-environmental-plan-2012).\n> \n> > (2) Development for the purposes of funeral homes, information and education facilities, office premises, public administration buildings and veterinary hospitals is permitted with development consent.","sortOrder":211},{"sectionNumber":"25","sectionType":"section","heading":"Use of certain land in Zones R2 and R3 at Narooma","content":"#### 25 Use of certain land in Zones R2 and R3 at Narooma\n\n25 Use of certain land in Zones R2 and R3 at Narooma\n\n> > (1) This clause applies to land identified as “6” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/eurobodalla-local-environmental-plan-2012).\n> \n> > (2) Development for the purposes of funeral homes, information and education facilities, office premises, public administration buildings and veterinary hospitals is permitted with development consent.","sortOrder":212},{"sectionNumber":"26","sectionType":"section","heading":"Use of certain land in Zone R3 at Narooma","content":"#### 26 Use of certain land in Zone R3 at Narooma\n\n26 Use of certain land in Zone R3 at Narooma\n\n> > (1) This clause applies to land identified as “5” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/eurobodalla-local-environmental-plan-2012).\n> \n> > (2) Development for the purposes of entertainment facilities, food and drink premises, function centres, funeral homes, information and education facilities, office premises, public administration buildings, recreation facilities (indoor) and veterinary hospitals is permitted with development consent.","sortOrder":213},{"sectionNumber":"27","sectionType":"section","heading":"Use of certain land at Bergalia, Central Tilba and Eurobodalla","content":"#### 27 Use of certain land at Bergalia, Central Tilba and Eurobodalla\n\n27 Use of certain land at Bergalia, Central Tilba and Eurobodalla\n\n> > (1) This clause applies to—\n> > \n> > > (a) land at Bingie Road, Bergalia, being Lot 1, DP 124914, and\n> > \n> > > (b) land at Sherringham Lane and Princes Highway, Central Tilba, being Lots 2 and 3, DP 1196461 and Lot 401, DP 1132410, and\n> > \n> > > (c) land at Eurobodalla Road, Eurobodalla, being Lot 3, DP 1156220.\n> \n> > (2) Development for the purposes of dual occupancies and dwelling houses is permitted with development consent.","sortOrder":214},{"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**sch 2:** Am 2015 (723), Sch 1 \\[10\\]; 2016 (593), Sch 1 \\[6\\]; 2019 (503), Sch 1\\[54\\]; 2022 (830), Sch 1.11\\[17\\] \\[18\\].","sortOrder":215},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Commercial use of public land (including waterways on public land) for personal or group training, water sports, swimming or surf schools and the like or for sightseeing or recreational tours","content":"#### sch.2-sec Commercial use of public land (including waterways on public land) for personal or group training, water sports, swimming or surf schools and the like or for sightseeing or recreational tours\n\nCommercial use of public land (including waterways on public land) for personal or group training, water sports, swimming or surf schools and the like or for sightseeing or recreational tours\n\n> > (1) Must not permanently occupy the public land or waterway.\n> \n> > (2) Must not involve the construction of any permanent structures on, in or above the public land or waterway.\n> \n> > (3) Must only be carried out between 7 am and 7 pm any day.\n> \n> Note.\n> \n> The proponent must have obtained any required lease, licence or other authorisation from the relevant public authority.","sortOrder":216},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Development on land within Zone C4 Environmental Living","content":"#### sch.2-sec-oc.2 Development on land within Zone C4 Environmental Living\n\nDevelopment on land within Zone C4 Environmental Living\n\n> Must be prescribed as exempt development in Part 2 of [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) for land within Zone RU4 Primary Production Small Lots.","sortOrder":217},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Farm dams","content":"#### sch.2-sec-oc.3 Farm dams\n\nFarm dams\n\n> > (1) Must be on land within Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots or Zone C4 Environmental Living.\n> \n> > (2) Must be permitted or authorised under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092).","sortOrder":218},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Grazing of livestock","content":"#### sch.2-sec-oc.4 Grazing of livestock\n\nGrazing of livestock\n\n> Must be on land within Zone C2 Environmental Conservation.\n> \n> Note.\n> \n> Clause 3.3 prohibits the carrying out of exempt or complying development on any environmentally sensitive area for exempt or complying development (as defined in that clause).","sortOrder":219},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Outdoor lighting (excluding external lighting for sports fields, tennis courts or other sporting facilities and detached external lighting other than low level garden lighting)","content":"#### sch.2-sec-oc.5 Outdoor lighting (excluding external lighting for sports fields, tennis courts or other sporting facilities and detached external lighting other than low level garden lighting)\n\nOutdoor lighting (excluding external lighting for sports fields, tennis courts or other sporting facilities and detached external lighting other than low level garden lighting)\n\n> > (1) Must not directly light any adjoining premises, land or occupancy.\n> \n> > (2) Must comply with AS 4282—Control of the Obtrusive Effects of Outdoor Lighting.\n> \n> > (3) Must be used for recreational or security purposes only.\n> \n> > (4) Must not be used for advertising purposes or the floodlighting or illumination of buildings or premises.","sortOrder":220},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Rural outbuildings (excluding farm buildings and garden sheds) that are ancillary to an existing dwelling on the property","content":"#### sch.2-sec-oc.6 Rural outbuildings (excluding farm buildings and garden sheds) that are ancillary to an existing dwelling on the property\n\nRural outbuildings (excluding farm buildings and garden sheds) that are ancillary to an existing dwelling on the property\n\n> > (1) Maximum one permitted per property.\n> \n> > (2) Must be located on land within Zone RU1 Primary Production, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU5 Village.\n> \n> > (3) Maximum size 100m2 on properties equal to or greater than 2ha.\n> \n> > (4) Maximum size 60m2 on properties less than 2ha.\n> \n> > (5) Maximum height 6m above ground level (existing).\n> \n> > (6) Must be located at least 20m from the front boundary (road) and 12m from any side or rear property boundary.\n> \n> > (7) Must be located at least 40m from any natural watercourse.\n> \n> > (8) Must be located below ridgelines.\n> \n> > (9) Must be located at least 10m from a dwelling.\n> \n> > (10) If the structure is located on bush fire prone land, the structure must be made of non-combustible materials only.\n> \n> > (11) Must not be used for commercial or habitable use.\n> \n> > (12) Exterior surfaces must have non-reflective finishes.\n> \n> > (13) Exterior colour is to be compatible with the surrounding environment.","sortOrder":221},{"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.\n\n**sch 3:** Am 2015 (723), Sch 1 \\[11\\].","sortOrder":222},{"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 as are set out in Schedule 6 to [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":225},{"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 2013 (599), Sch 1; 2014 (594), cl 5; 2016 (593), Sch 1 \\[7\\] \\[8\\]; 2018 (454), cl 5; 2020 (189), cl 5(1) (2); 2024 (202), Sch 1\\[1\\] \\[2\\].","sortOrder":226},{"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 2014 (711), Sch 1 \\[2\\]–\\[11\\]; 2015 (723), Sch 1 \\[12\\]–\\[29\\]; 2016 (593), Sch 1 \\[9\\] \\[10\\]; 2018 (195), Sch 1 \\[2\\]–\\[17\\]; 2019 (503), Sch 1\\[55\\]–\\[78\\]; 2023 (588), Sch 1.","sortOrder":230},{"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":234},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":236},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":238}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":628},"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 since 2012 (noted in clause histories), these amendments appear to be refinements and updates rather than scope expansion. The core structure covering zoning, subdivision, heritage and development controls remains intact."},"complexity_factors":["Multiple overlapping zone systems (rural, residential, employment, mixed use, special purpose, recreation, conservation, waterway)","Extensive cross-referencing to State Environmental Planning Policies and other legislation","Detailed heritage schedule with 300+ listed items plus archaeological sites and conservation areas","Numerous conditional clauses with nested exceptions (e.g., subdivision rules with multiple alternative pathways)","Multiple maps referenced throughout (Land Zoning, Lot Size, Height of Buildings, Heritage, Acid Sulfate Soils, Riparian Lands, Wetlands, etc.)","Savings and transitional provisions with multiple amendment dates","Specific site-based additional permitted uses in Schedule 1 (27 separate clauses for specific parcels)","Aquaculture and intensive livestock provisions with technical operational requirements","Flood planning clauses referencing external technical manuals and climate change projections","Strata and community title subdivision rules with multiple conditional exceptions"],"plain_english_summary":"This is the **Eurobodalla Local Environmental Plan 2012**, a planning rulebook that controls what can be built and how land can be used across the Eurobodalla region on the NSW South Coast (including Batemans Bay, Moruya, Narooma and surrounding areas).\n\n**What it does:**\n- **Zones land** into categories like rural (farming, forestry), residential, commercial, industrial, conservation and waterways — each with rules about what development is allowed, requires approval, or is banned\n- **Sets minimum lot sizes** for subdividing land, with special rules to prevent rural land being broken into small lifestyle blocks\n- **Protects heritage** — hundreds of historic buildings, archaeological sites and Aboriginal places are listed and cannot be altered without approval\n- **Controls development near sensitive areas** — including flood zones, waterways, wetlands, acid sulfate soils and bush fire prone land\n- **Bans canal estates** — artificial waterways with housing are prohibited\n- **Sets size limits** for things like bed & breakfasts (max 6 bedrooms), home businesses (max 50m²) and secondary dwellings\n- **Requires design excellence** for buildings in Batemans Bay's main commercial area\n\n**Who it affects:**\n- Anyone wanting to build, subdivide or change land use in Eurobodalla\n- Farmers, tourism operators, developers and homeowners\n- The local council (Eurobodalla Shire Council), which makes most approval decisions\n\n**Why it matters:**\nThe Plan tries to balance growth with protecting the area's natural beauty, coastal environment and rural character. It has been amended many times since 2012 to add new rules (like flood planning updated in 2023) and respond to changing needs."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Plan has expanded beyond a simple consolidation of local planning rules into a granular, locally tailored regulatory instrument. Since its original making the instrument has been amended repeatedly to add new local controls and address emerging state requirements: for example, insertion of flood planning and special flood considerations (cll 5.21–5.22, updated 2023), airspace/airport consultation provisions (cl 6.17 inserted 2019), design‑excellence requirements for Batemans Bay (cl 6.14 added 2022), and a suspension‑of‑covenants clause (cl 1.9A, 2019). The cumulative effect is a Plan that combines standard instrument zoning with detailed local prescriptions, parcel‑specific permitted uses (Schedule 1), extensive heritage listings (Schedule 5) and many state‑policy cross‑links — materially broadening regulatory scope and increasing prescriptiveness compared with an original, higher‑level zoning instrument."},"complexity_factors":["Extensive Land Use Table covering 20+ zones with specific permitted/prohibited lists","Numerous operative maps (Land Zoning, Lot Size, Height, Riparian, Wetlands, Acid Sulfate Soils, Public Infrastructure Buffer, Heritage) forming part of the instrument (cl 1.7)","Many Schedules (at least 6) including a very large Heritage Schedule (Schedule 5) with hundreds of items","Multiple detailed subdivision standards and exceptions (cll 4.1, 4.1AA, 4.1A–4.1F, 4.1C–E) including strata and community title permutations","Cross-references to numerous State environmental planning policies and other Acts (SEPPs, Forestry Act, Fisheries Management, Local Land Services Act, Local Government Act, Crown Land Management Act etc.)","Conditional and subjective decision tests (frequent use of the consent authority being \"satisfied\") creating discretionary assessment pathways (e.g. cll 2.8(3), 4.6(3), 6.14)","Special local provisions and parcel‑specific exceptions (Schedule 1) that create bespoke permissions for particular land parcels","Environmental overlay rules with bespoke procedural requirements (heritage assessments cl 5.10, acid sulfate soils management cl 6.3, riparian and wetland tests cll 6.7–6.8)","Amendment history and repeals scattered through the text (many clauses marked amended or inserted across multiple years), increasing interpretive complexity","Interplay between exempt, complying and consent development including explicit exclusions for environmentally sensitive areas (Part 3, cl 3.3)"],"plain_english_summary":"**What this Plan does (mechanically)**\n\n- Sets the planning rules that apply to land in the Eurobodalla local government area by: defining zones, listing what uses are permitted or prohibited in each zone, and imposing development standards and local controls (see clauses 2.1–2.3, Land Use Table and cl 4.3).\n- Identifies maps and special maps that locate zones, heritage items, lot sizes, building heights, riparian corridors, wetlands, acid sulfate soils and other site-specific controls (cl 1.7; Land Zoning Map; Lot Size Map; Height of Buildings Map; Riparian Lands and Wetlands Maps; Acid Sulfate Soils Map). Maps are an integral, legally operative part of the Plan.\n- Designates the Council as the consent authority (the decision-maker on development applications) but makes the Plan subject to State environmental planning policies (SEPPs) that prevail where they conflict (cl 1.6, cl 1.9).\n- Repeals earlier local planning instruments for the area and provides savings for development applications lodged before commencement (cl 1.8, cl 1.8A).\n\n**Who it affects**\n\n- Landowners, developers and prospective purchasers inside Eurobodalla: the Plan determines what they may lawfully build or use land for, what requires a development application (DA), and what is exempt or complying development (cl 2.3; Part 3; Schedules 2–3).\n- Businesses and community groups: the Land Use Table (Part 2) and Schedule 1 specify where commercial, industrial, tourist and community uses are allowed or forbidden and any size/operation limits (e.g. shop sizes, kiosks, industrial retail allowances) (see cl 5.4 and Land Use Table).\n- Heritage and environment stakeholders: the Plan lists heritage items and areas (Schedule 5) and requires consent for works affecting them (cl 5.10). It also imposes protections for wetlands, riparian lands, acid sulfate soils, bush‑fire and flood‑prone areas (cll 5.19, 6.7–6.9, 5.11, 5.21–5.22, cl 6.3).\n- Public authorities and service providers: the Plan allocates which State authority is to acquire land reserved for public purposes (cl 5.1) and provides special rules for Crown infrastructure (cl 5.12).\n\n**Why it matters (official aims, then practical consequences)**\n\n- Officially the Plan aims to provide local land‑use rules aligned with the State standard instrument and to protect environmental, heritage and community values while enabling appropriate economic activity (cl 1.2).  \n\n- Practically, the Plan changes incentives and costs as follows:\n  - Who pays: landowners and developers bear direct costs of complying with the Plan — preparing DAs, specialist reports (heritage management documents, acid sulfate soils plans, flood and ecological assessments), infrastructure contributions and possibly higher construction or staging costs where constraints apply (see cll 4.6, 6.3, 5.10, 6.2).\n  - Who decides: the Council (consent authority) has broad discretion to approve or refuse DAs and to require management plans or conservation works (cl 1.6; cll 5.10(5)–(6), 6.2). Some State agencies also have veto or consultation roles where SEPPs or Commonwealth matters intervene (cl 1.9; cl 6.17 re Moruya Airport).\n  - Behaviour changes signalled to the market:\n    - Subdivision and development in many rural, residential and conservation zones are restricted by minimum lot sizes, lot‑averaging rules and other constraints (cll 4.1–4.1F, 4.1E). That limits opportunities to increase dwelling entitlements on sensitive land and influences land values and the economics of development.\n    - Certain uses are prohibited in particular zones while others are expressly allowed (Land Use Table and Schedule 1). This channels investment toward permitted land‑use types (e.g. tourism, light industry, local centres) and away from prohibited activities.\n    - Exempt and complying development categories (Part 3 and Schedules 2–3) speed up low‑impact works but are explicitly excluded from environmentally sensitive areas (cl 3.3). That reduces regulatory friction for small works while retaining controls in sensitive locations.\n    - Development standards include rules intended to protect environmental and amenity outcomes (height limits cl 4.3; riparian and wetland protections cll 6.7–6.8; flood planning cll 5.21–5.22), which can raise the cost of development but reduce risk of environmental harm.\n\n**Costs, trade‑offs and implementation risks**\n\n- Compliance and transaction costs: many provisions require technical reports, heritage assessments, management plans, or consultation with agencies (cll 5.10, 6.3, 6.17). These increase upfront costs and time to decision for proponents.\n- Bureaucratic discretion and uncertainty: numerous clauses require the consent authority to be “satisfied” about subjective matters (e.g. cl 2.8(3); cl 4.6(3); cl 6.14(3) on design excellence). That creates discretionary decision-making that can increase approval uncertainty and negotiation costs for applicants.\n- Trade‑offs between protection and development: the Plan protects biodiversity, waterways, heritage and coastal hazard risks (cll 1.2(e), 6.7–6.8, 5.21). Protection reduces risk of environmental damage but narrows development opportunities, particularly in sensitive zones. Where the Plan permits flexibility (e.g. exceptions to development standards cl 4.6), it balances strictness with case‑by‑case approvals but at the cost of additional assessment.\n- Concentrated vs diffuse impacts: specific localised concessions (Schedule 1 additional permitted uses) benefit particular land parcels and owners, while broader constraints (zone prohibitions, heritage listings) impose diffuse limits on the market. These specific permissions should be checked to see who gains local advantage (see Schedule 1 entries such as cl 1, cl 4, cl 11).\n- Dependence on external maps and instruments: operative maps and cross‑references to SEPPs and other Acts mean the Plan’s effect depends on external documents (cl 1.7; cl 1.9). Changes to SEPPs or map amendments can materially change what is permitted.\n\n**Key procedural and operation points to note**\n\n- The Council is the primary decision maker but the Plan is subject to State policies that can override local rules (cl 1.6, cl 1.9).\n- Some works are allowed without consent (exempt or complying development) but are prohibited in environmentally sensitive areas (cl 3.1–3.3; Schedule 2 and 3).\n- The Plan contains detailed local controls on lot sizes, strata and community title subdivisions, and multiple exceptions that permit different outcomes in specific circumstances (cll 4.1–4.1F, 4.1E, 4.1C).\n- Heritage items and conservation areas are listed in Schedule 5; demolition, alteration or subdivision affecting these requires consent, and additional assessments or consultation are frequently required (cl 5.10).\n- Flooding, bush fire, riparian buffers, wetlands, acid sulfate soils and stormwater matters are explicitly integrated into consent assessment requirements (cll 5.11, 5.21–5.22, 6.3, 6.7–6.9).\n\n**Practical takeaways for stakeholders**\n\n- Developers: check zoning, maps and lot size controls early; expect specialist studies for constrained sites and longer assessment times where heritage or environmental overlays apply (Schedule 5; cll 6.7–6.9; cl 6.3).\n- Landowners: many land uses require consent; some activities are expressly prohibited in particular zones; particular parcels have bespoke permitted uses in Schedule 1.\n- Council and public authorities: have discretion to impose conditions and require management plans; are responsible for keeping maps and managing public land classifications (cll 1.7, 5.2).\n\n(References: cl 1.2, 1.3, 1.6–1.9A, Part 2 Land Use Table, Part 3 (cll 3.1–3.3), Part 4 (cll 4.1–4.6), Part 5 (cll 5.1–5.25), Part 6 (cll 6.1–6.17), Schedules 1–6.)"},"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"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"While the core purpose — controlling land use and development across Eurobodalla Shire — remains consistent with the original 2012 intent, the plan's scope has materially evolved through more than 60 amendments over 13 years. These amendments have rezoned specific parcels, adjusted development standards, incorporated new overlay controls (such as expanded flood and coastal hazard provisions), and aligned the plan with updated state-level policies. The cumulative effect is a document considerably more detailed and restrictive in some areas, and more permissive in others, than the original 2012 version."},"complexity_factors":["Standard instrument LEP structure incorporates extensive zoning tables with permitted/prohibited use lists across multiple land zones","Interaction with overlapping state-level legislation (Environmental Planning and Assessment Act 1979) and state environmental planning policies","Over 60 amendments since 2012 creating a complex amendment history that must be traced to understand current rules for any given parcel","Multiple land classification types (residential, rural, environmental, commercial, industrial, etc.) each with distinct rules","Development standards vary by zone and sometimes by specific locality or parcel, requiring site-by-site analysis","Overlay maps (flood, bushfire, heritage, coastal, biodiversity) add additional layers of controls on top of base zoning","Frequent updates mean rules applicable to a specific property at a specific time require careful point-in-time analysis","Interaction with council policies, development control plans (DCPs), and contributions plans that operate alongside this LEP"],"plain_english_summary":"The Eurobodalla Local Environmental Plan 2012 is the master land‑use rulebook for Eurobodalla Shire (Batemans Bay, Moruya, Narooma), setting what land uses and developments are allowed and how they’re assessed. It directly affects homeowners, developers, businesses, farmers and property buyers because it governs approvals, building standards and protections for sensitive areas. It matters: non‑compliance can trigger enforcement, and the plan has been amended many times, so always check the current version."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/eurobodalla-local-environmental-plan-2012","history":"/api/acts/eurobodalla-local-environmental-plan-2012/history","analysis":"/api/acts/eurobodalla-local-environmental-plan-2012/analysis","conflicts":"/api/acts/eurobodalla-local-environmental-plan-2012/conflicts","importantCases":"/api/acts/eurobodalla-local-environmental-plan-2012/important-cases","documents":"/api/acts/eurobodalla-local-environmental-plan-2012/documents"}}