{"id":"nsw:epi-2013-0025","name":"Kyogle Local Environmental Plan 2012","slug":"kyogle-local-environmental-plan-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"25 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181258,"registerId":"nsw-nsw:epi-2013-0025-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 [Kyogle Local Environmental Plan 2012](/view/html/inforce/current/epi-2013-0025).","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> > R1 General Residential\n> > \n> > R3 Medium Density Residential\n> > \n> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\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> > 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> > W2 Recreational Waterways\n> \n> **cl 2.1:** Am 2021 (653), Sch 1\\[4\\]; 2022 (832), Sch 1.14\\[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 2014 (776), Sch 1 \\[1\\]–\\[3\\]; 2015 (757), cl 4 (1); 2016 (121), cl 4 (1)–(3); 2016 (168), Sch 1 \\[2\\]; 2017 (172), cl 4; 2017 (493), Sch 1.1 \\[1\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2021 (653), Sch 1\\[5\\]–\\[7\\]; 2022 (81), Sch 1\\[1\\]–\\[4\\]; 2022 (314), Sch 1; 2022 (832), Sch 1.14\\[2\\]; 2023 (458), Sch 2.48\\[1\\] \\[2\\].\n\nZone RU1 Primary Production\n\nZone RU3 Forestry\n\nZone RU4 Primary Production Small Lots\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R3 Medium Density Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E4 General Industrial\n\nZone MU1 Mixed Use\n\nZone SP1 Special Activities\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\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> Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Function centres; Helipads; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Timber yards; Turf farming; Veterinary hospitals; 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":99},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":103},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":118},{"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/kyogle-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.","sortOrder":119},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":145},{"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":146},{"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 2017 (4), Sch 1 \\[2\\]; 2017 (532), cl 4; 2021 (653), Sch 1\\[14\\] \\[15\\].","sortOrder":156},{"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 2014 (776), Sch 1 \\[6\\]; 2022 (81), Sch 1\\[6\\].","sortOrder":159},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Signage","content":"#### sch.2-sec Signage\n\nSignage\n\n> > (1) For the sale of motor vehicles, trailers, farm machinery and motor cycles\n> > \n> > > (a) Must be flush to the item for sale.\n> > \n> > > (b) Maximum area—0.75m2.\n> > \n> > > (c) The item must not be on public land for the purposes of displaying the sign.\n> > \n> > > (d) Only 1 sign per premises.\n> \n> > (2), (3) (Repealed)\n> \n> > (4) A-frame signs\n> > \n> > > (a) Must only be displayed in conjunction with a lawful commercial land use of the land during the normal hours of operation.\n> > \n> > > (b) Must refer to the premises or goods and services that are available from the premises.\n> > \n> > > (c) Maximum area—0.9m × 0.6m.\n> > \n> > > (d) Maximum—1 sign per premises.\n> > \n> > > (e) Must be non-reflective, non-iridescent and non-illuminated.\n> \n> > (5), (6) (Repealed)","sortOrder":160},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Temporary use for retail and exhibition of regional goods","content":"#### sch.2-sec-oc.2 Temporary use for retail and exhibition of regional goods\n\nTemporary use for retail and exhibition of regional goods\n\n> > (1) Must be on land identified as “Active street frontage” on the [Active Street Frontages Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/kyogle-local-environmental-plan-2012).\n> \n> > (2) Must be for the retail or exhibition of the following—\n> > \n> > > (a) agricultural produce,\n> > \n> > > (b) packaged food and drink products produced principally in the Kyogle local government area,\n> > \n> > > (c) art and craft products,\n> > \n> > > (d) community and tourism services.\n> \n> > (3) Must be located within an existing building.\n> \n> > (4) Must not involve building works.\n> \n> > (5) Must only be open to the public between the following hours—\n> > \n> > > (a) Monday to Friday—8am–6pm,\n> > \n> > > (b) Saturday—8am–4pm,\n> > \n> > > (c) Sunday—9am–1pm.\n> \n> > (6) Must not be for more than 12 consecutive months.","sortOrder":161},{"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 2016 (83), Sch 1 \\[1\\]–\\[3\\]; 2018 (488), Sch 1.2; 2022 (832), Sch 1.14\\[6\\].","sortOrder":162},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Industrial sheds (new and additions to)","content":"#### sch.3-sec Industrial sheds (new and additions to)\n\nIndustrial sheds (new and additions to)\n\n> > (1) Must be on land in Zone E4.\n> \n> > (2) Must have an approved vehicular access point to a public road constructed to Council’s design and construction specifications.\n> \n> > (3) Must not be constructed within 1.5m of any easements or water, sewer or stormwater pipes, or the equivalent of the invert depth of a pipe where greater.\n> \n> > (4) Must have a floor space ratio not exceeding 1,000m2 or 1:2, whichever is the lesser. (For the purpose of calculating the site area, a lot that shares a common boundary and on which the development is proposed can be aggregated, while the area of any access laneway is to be excluded from battle axe lots.)\n> \n> > (5) If a new industrial shed, maximum height—8.5m above ground level (existing).\n> \n> > (6) Setbacks must be at least 10m from a boundary with a primary road that is not a classified road and 6m from a boundary with a secondary road that is not a classified road.\n> \n> > (7) Setbacks must be at least 20m from a boundary with a classified road.\n> \n> > (8) Must use low reflectivity colours on the exterior surfaces.\n> \n> > (9) The use of the building must be nominated and all Building Code of Australia requirements for the proposed use(s) complied with.\n> \n> > (10) The new use may only be for one or more of the following—\n> > \n> > > (a) specialised retail premises,\n> > \n> > > (b) depots,\n> > \n> > > (c) light industries,\n> > \n> > > (d) rural supplies,\n> > \n> > > (e) self-storage units,\n> > \n> > > (f) a warehouse or distribution centre,\n> > \n> > > (g) wholesale supplies.\n> \n> > (11) Ancillary offices in a premises that is a warehouse or distribution centre or are used for light industry must not occupy more than 20% of the gross floor area of the building.\n> \n> > (12) If there is no existing condition relating to hours of operation, the premises must not be operated outside the following hours—\n> > \n> > > (a) if the new use is as specialised retail premises or commercial premises—5 am to 10 pm Monday to Saturday and 7 am to 8 pm on a Sunday or a public holiday,\n> > \n> > > (b) in any other case—7 am to 7 pm Monday to Saturday and the new use is not to be carried out at any time on a Sunday or a public holiday.\n> \n> > (13) Access and parking areas must be contained wholly within the boundaries of the land.\n> \n> > (14) Parking spaces and turning areas must comply with Council’s design and construction specifications.\n> \n> > (15) Internal driveways must provide access to the building or separate occupancy to accommodate an 11m long rigid truck, sufficient to allow such trucks to enter and leave the site in a forward direction.\n> \n> > (16) All internal roadways and vehicle parking areas must be constructed to all weather bitumen, sealed concrete or equivalent surface in accordance with Council’s design and construction specifications.\n> \n> > (17) All loading and unloading must take place within the property boundaries, including the parking of construction and private vehicles associated with the development.\n> \n> > (18) All floor levels must be higher than or equal to 100 year average recurrent interval (ARI) event peak flood level.\n> > \n> > Note.\n> > \n> > Excavation and fill are subject to clause 6.1.","sortOrder":164},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"Short-term temporary events","content":"#### sch.3-sec-oc.2 Short-term temporary events\n\nShort-term temporary events\n\n> Note 1.\n> \n> In the case of Crown land or land vested in or under the control of a council, permission must be sought from the council or other authority responsible for managing the land concerned before any development is carried out on the land.\n> \n> Note 2.\n> \n> Under section 68 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), certain activities require approval from the local council.\n> \n> Note 3.\n> \n> The [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) contains provisions regulating noise and pollution.\n> \n> Note 4.\n> \n> The use of caravans, campervans and tents is regulated under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), [Forestry Act 2012](/view/html/inforce/current/act-2012-096), [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) and the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> Note 5.\n> \n> Under the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065), camping activities are a type of tourist accommodation, which is a special fire protection purpose under section 100B of that Act. That provision provides that the development of bush fire prone land for a special fire protection purpose is not complying development.\n> \n> > (1) Does not apply to residential zones.\n> \n> > (2) Must not exceed—\n> > \n> > > (a) if the event is to be held on days including both a Saturday and Sunday—3 consecutive days, or\n> > \n> > > (b) in all other cases—1 day.\n> \n> > (3) Must not be an event that is, or is to be, held more regularly than biannually.\n> \n> > (4) Must have an approved vehicular access point to a public road constructed to Council’s design and construction specifications.\n> \n> > (5) Must provide Council with an event management plan that addresses environmental and activity management issues in accordance with Council’s requirements.","sortOrder":165},{"sectionNumber":"sch.3-sec-oc.3","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec-oc.3 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":167},{"sectionNumber":"sch.3-sec-oc.4","sectionType":"section","heading":"Conditions applying to a complying development certificate for a short-term temporary event","content":"#### sch.3-sec-oc.4 Conditions applying to a complying development certificate for a short-term temporary event\n\nConditions applying to a complying development certificate for a short-term temporary event\n\n> Note.\n> \n> The [Liquor Act 2007](/view/html/inforce/current/act-2007-090) contains provisions regulating the supply and sale of liquor.\n> \n> > (1) The event may take place only during the following times—\n> > \n> > > (a) 7.30 am to 11.00 pm on Monday, Tuesday, Wednesday or Thursday,\n> > \n> > > (b) 7.30 am to midnight on Friday or Saturday,\n> > \n> > > (c) 8.00 am to 8.00 pm on Sunday.\n> \n> > (2) All parking, loading, unloading and the provision of facilities in relation to the event must take place wholly within the development site.\n> \n> > (3) Signage must meet the standards specified for temporary event signs under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> \n> > (4) All event-associated structures (excluding the provision of temporary signage) must not be erected earlier than 2 days before the event and must be dismantled and removed from the land within 2 days of the end of the event.\n> \n> > (5) Potable water must be available and supplied in accordance with the Australian Drinking Water Guidelines published by the National Health and Medical Research Council.\n> \n> > (6) Toilet facilities must be available or provided at the site before the event begins and must be maintained until the event ends.\n> > \n> > Note.\n> > \n> > The Building Code of Australia, volume 1, section F, contains provisions relating to sanitary facilities.\n> \n> > (7) Each toilet must—\n> > \n> > > (a) be a standard flushing toilet connected to a public sewer, or\n> > \n> > > (b) have an on-site effluent disposal system approved under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), or\n> > \n> > > (c) be a temporary chemical closet approved under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> > (8) Garbage receptacles with tight fitting lids and suitable for the reception of food scraps and papers must be available at the site before the event begins and must be maintained until the event ends.\n> \n> > (9) All waste and recyclable materials generated by the event must be removed from the site and disposed of at a waste management facility capable of taking the waste.\n> \n> > (10) Trees, landscaping and buildings established on the land and on adjoining land must not be damaged as a result of the event.\n> \n> > (11) Any land disturbed by the event must be subject to sedimentation controls before the disturbance. These controls must be effectively maintained to prevent soil erosion, water pollution or the discharge of loose sediment on to surrounding land until the site has been stabilised and landscaped.\n> \n> > (12) In the event of an incident on the premises that has caused, is causing, or is likely to cause harm to the environment, the owner or the owner’s agent must report the incident to Council as soon as it becomes known to the owner or the owner’s agent.\n> \n> > (13) Notification must be given to the NSW Police, the NSW Rural Fire Service and the Ambulance Service of NSW at least 7 days before the event starts.","sortOrder":168},{"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)","sortOrder":169},{"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 (501), cl 5.","sortOrder":173},{"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":177},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":179},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":181},{"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":189},{"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":190},{"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":192},{"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":193},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":194}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan’s scope has been altered by multiple amendments and insertions noted in the text (for example cl 4.1AA ins/Am 2021; cl 6.7 ins 2021; cl 6.8 ins 2022 and many Sch amendments). These changes add new local controls (biodiversity mapping, active street frontages, community title measures), repeal or leave clauses ‘not adopted’, and therefore shift technical requirements and decision‑making points compared with earlier versions."},"complexity_factors":["Large number of land‑use zones and detailed Land Use Table with varied permissions across zones (cl 2.1; cl 2.3).","Extensive cross‑referencing to maps (Zoning, Lot Size, Height, Heritage, Biodiversity) and external instruments, requiring GIS and statutory alignment (cl 1.7; various map clauses).","Multiple exemption, complying development and schedule‑based regimes that interact with State SEPPs (Part 3; Schedule 2–3; cl 1.9).","High consent‑authority discretion on development standards and exceptions (cl 4.6) creating case‑by‑case assessments and record‑keeping requirements.","Numerous technical and sectoral controls (flood planning cl 5.21; terrestrial biodiversity cl 6.7; aquaculture Sch 6; heritage cl 5.10) that impose specialist assessment burdens.","Several provisions are optional, not adopted or repealed, adding interpretive complexity (eg not adopted clauses; repealed subclauses noted).","Schedule and clause amendments over time require tracing historical changes to determine current scope and obligations (amendment notes throughout)."],"plain_english_summary":"This Local Environmental Plan sets land‑use zones, permitted/prohibited uses, development standards and mapping for the Kyogle area, and makes the Council the consent authority (cl 2.1; cl 1.6). It requires development consent for subdivision, demolition, many earthworks and heritage works, while some low‑impact activities are exempt or may be approved as complying development (cls 2.6, 6.1, 5.10, 3.1–3.2). Applicants bear approval and compliance costs; the Council decides case‑by‑case under discretionary clauses (eg cl 4.6, cl 5.3), and technical rules (flood, biodiversity, aquaculture) create specific permitting conditions."},"kimi_summary":{"_metrics":{"completionTokens":593},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a standard local environmental plan. The amendments tracked (2014-2023) are typical housekeeping updates — adding zones, adjusting maps, updating references to replaced legislation, and adding specific local provisions like active street frontages. No significant scope creep detected; it remains focused on land use planning for the Kyogle local government area."},"complexity_factors":["19 different land use zones with detailed permitted/prohibited use tables","Multiple overlapping maps referenced (Land Zoning Map, Lot Size Map, Height of Buildings Map, Heritage Map, Terrestrial Biodiversity Map, etc.)","Numerous conditional clauses with nested exceptions (e.g., clause 4.2A has 6 alternative pathways for dwelling approval)","Cross-references to multiple State Environmental Planning Policies and other legislation","Heritage provisions with 8 subclauses and multiple notification requirements","Detailed aquaculture schedules with conservation exclusion zones and operational requirements","Subdivision rules with multiple exceptions (boundary adjustments, community title, strata plans, rural subdivision)","Clause 4.6 allows contravention of standards but with 8 subclauses of limitations","Multiple 'not adopted' and repealed provisions creating gaps in the logical structure"],"plain_english_summary":"This is the **Kyogle Local Environmental Plan 2012**, a planning rulebook that controls what can be built and done on land in the Kyogle area of northern New South Wales.\n\n**What it does:**\n- **Divides land into zones** (like RU1 Primary Production, R1 General Residential, E1 Local Centre) with different rules for each zone\n- **Sets out what development needs approval** — some things can be done without council permission (exempt development), some need a permit (development consent), and some are banned outright\n- **Controls subdivision** — splitting land into smaller lots, with minimum sizes shown on maps\n- **Protects heritage** — lists heritage buildings and areas that need special care\n- **Sets building heights** — limits how tall buildings can be in different areas\n- **Includes special rules** for things like farm stay accommodation, eco-tourism, intensive livestock farming, and flood-prone land\n\n**Who it affects:**\n- Property owners wanting to build, subdivide, or change land use\n- Farmers and rural businesses\n- Developers\n- Anyone living in or near Kyogle, including towns like Bonalbo, Tabulam, Woodenbong, and Mallanganee\n\n**Why it matters:**\nIt shapes how the region develops — protecting farmland from being broken up, keeping town centres active, looking after natural areas and waterways, and preserving the area's heritage character. It balances economic opportunities (like tourism and agriculture) with environmental protection and community needs."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan's original 2013 scope has been substantially expanded and refined through more than 50 amendments over 12 years. This is typical of LEPs, which evolve as councils rezone land, respond to new State government policies, and accommodate community needs. The cumulative effect of amendments means the current plan likely differs considerably from what was originally enacted, particularly in permitted land uses, development standards, and environmental protections."},"complexity_factors":["Standard instrument LEP format incorporates State-wide template clauses alongside local-specific provisions, requiring readers to cross-reference multiple documents","The plan operates under the Environmental Planning and Assessment Act 1979, a highly complex piece of legislation that underpins all NSW planning law","Zoning tables list permitted/prohibited uses with technical land use terminology (e.g., 'permissible with consent', 'exempt development', 'complying development')","Over 50 amendments since 2013 — the law has changed repeatedly and significantly, making it difficult to know which version applied at any given time","Land use decisions require cross-referencing zone objectives, development standards, overlay maps, and State Environmental Planning Policies (SEPPs) simultaneously","Flood, heritage, biodiversity, and environmental overlays add additional layers of rules on top of base zoning","Only directly relevant to one specific local government area, but within that area affects virtually every type of land use decision"],"plain_english_summary":"The Kyogle Local Environmental Plan 2012 is the legal zoning and land‑use rulebook for the Kyogle Council area. It sets what land can be used for, where development is allowed, and the standards that apply.\n\nIt affects property owners, farmers, businesses, developers and buyers in Kyogle because it determines permitted uses, development consent needs and protections (heritage, environment, flood risk). The plan has been amended many times—check the current version before acting."}},"importantCases":[],"_links":{"self":"/api/acts/kyogle-local-environmental-plan-2012","history":"/api/acts/kyogle-local-environmental-plan-2012/history","analysis":"/api/acts/kyogle-local-environmental-plan-2012/analysis","conflicts":"/api/acts/kyogle-local-environmental-plan-2012/conflicts","importantCases":"/api/acts/kyogle-local-environmental-plan-2012/important-cases","documents":"/api/acts/kyogle-local-environmental-plan-2012/documents"}}