{"id":"nsw:epi-2010-0401","name":"Nambucca Local Environmental Plan 2010","slug":"nambucca-local-environmental-plan-2010","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"401 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181606,"registerId":"nsw-nsw:epi-2010-0401-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 [Nambucca Local Environmental Plan 2010](/view/html/inforce/current/epi-2010-0401).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Rural Zones\n> \n> > RU1 Primary Production\n> > \n> > RU2 Rural Landscape\n> > \n> > RU3 Forestry\n> > \n> > RU5 Village\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density Residential\n> > \n> > R4 High Density Residential\n> > \n> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E2 Commercial 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> > C3 Environmental Management\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 2012 (297), Sch 1 \\[1\\]; 2022 (832), Sch 1.17\\[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 2011 (363), Sch 15 \\[2\\]–\\[29\\]; 2011 No 62, Sch 2.22; 2012 (297), Sch 1 \\[2\\]; 2012 (370), Sch 1 \\[1\\]–\\[4\\]; 2012 (627), cl 4 (1) (2); 2017 No 22, Sch 2.29; 2017 (493), Sch 1.1 \\[1\\]; 2018 (101), Sch 1 \\[1\\]–\\[7\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2019 (199), Sch 1 \\[1\\] \\[2\\]; 2019 No 1, Sch 2.21; 2022 (82), Sch 1\\[1\\]–\\[16\\]; 2022 (314), Sch 1; 2022 (832), Sch 1.17\\[2\\]; 2023 (272), cl 4(3) (4).\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU3 Forestry\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone R4 High Density Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E2 Commercial 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 C3 Environmental Management\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> Aquaculture; Cellar door premises; Dual occupancies; Dwelling houses; Eco-tourist facilities; Extractive industries; Farm buildings; Heavy industries; Home industries; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Neighbourhood shops; Open cut mining; Plant nurseries; Residential accommodation; Roads; Roadside stalls; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Shop top housing; 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> Amusement centres; Attached dwellings; Backpackers’ accommodation; Boarding houses; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Co-living housing; Commercial premises; Correctional centres; Crematoria; Entertainment facilities; Exhibition homes; Exhibition villages; Function centres; Group homes; Health services facilities; Heavy industrial storage establishments; Heliports; Hostels; Hotel or motel accommodation; Independent living units; Industrial retail outlets; Industrial training facilities; Industries; Mortuaries; Multi dwelling housing; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Semi-detached dwellings; Seniors housing; Service stations; Serviced apartments; Sex services premises; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Wharf or boating facilities; Wholesale supplies","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":131},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":135},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":149},{"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/nambucca-local-environmental-plan-2010) (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> > Note.\n> > \n> > If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022)).\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":150},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":176},{"sectionNumber":"6","sectionType":"section","heading":"Arrangements for designated State public infrastructure","content":"#### 6 Arrangements for designated State public infrastructure\n\n6.1 Arrangements for designated State public infrastructure\n\n> > (1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.\n> \n> > (2) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.\n> \n> > (3) Subclause (2) does not apply to—\n> > \n> > > (a) any lot identified in the certificate as a residue lot, or\n> > \n> > > (b) any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or\n> > \n> > > (c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or\n> > \n> > > (d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.\n> \n> > (4) This clause does not apply to land in an urban release area if all or any part of the land is in a region within the meaning of the Act, Division 7.1, Subdivision 4.\n> \n> **cl 6.1:** Am 2011 (363), Sch 15 \\[37\\]; 2019 (621), Sch 5\\[5\\]; 2023 (554), Sch 1.","sortOrder":177},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":180},{"sectionNumber":"7","sectionType":"section","heading":"Acid sulfate soils","content":"#### 7 Acid sulfate soils\n\n7.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/nambucca-local-environmental-plan-2010) as being of the class specified for those works.\n> > \n> > | Class of land | Works |\n> > | 1 | Any works. |\n> > | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |\n> > | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. |\n> > | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. |\n> > | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |\n> \n> > (3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan need not be carried out for the works, and\n> > \n> > > (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.\n> \n> > (5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—\n> > \n> > > (a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations or flood mitigation works, and\n> > \n> > > (b) the works are not likely to lower the watertable.\n> \n> **cl 7.1:** Am 2018 (101), Sch 1 \\[11\\].","sortOrder":181},{"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 (123), cl 5 (1) (2); 2021 (86), Sch 1\\[2\\]; 2025 (609), Sch 1.","sortOrder":191},{"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 2011 (363), Sch 15 \\[39\\]; 2019 (199), Sch 1 \\[4\\]; 2021 (86), Sch 1\\[3\\]–\\[5\\]; 2022 (832), Sch 1.17\\[9\\]; 2025 (106), Sch 1\\[3\\].","sortOrder":198},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Farm dams (rural zones)","content":"#### sch.2-sec Farm dams (rural zones)\n\nFarm dams (rural zones)\n\n> > (1) Must only be constructed for the purpose of agriculture.\n> \n> > (2) Must not involve the removal of extractive material from the property on which the dam is constructed.","sortOrder":199},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Graves, grave markers and monuments","content":"#### sch.2-sec-oc.2 Graves, grave markers and monuments\n\nGraves, grave markers and monuments\n\n> > (1) Must only involve—\n> > \n> > > (a) the creation of a new grave or monument, or\n> > \n> > > (b) an excavation or disturbance of land for the purpose of carrying out the conservation or repair of a monument or grave marker.\n> \n> > (2) Must not disturb human remains, relics, Aboriginal objects in the form of grave goods or an Aboriginal place of heritage significance.\n> \n> > (3) Must be in a cemetery or burial ground.","sortOrder":200},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Horticulture in Zone R5","content":"#### sch.2-sec-oc.3 Horticulture in Zone R5\n\nHorticulture in Zone R5\n\n> > (1) Must be on land in Zone R5 Large Lot Residential.\n> \n> > (2) Must involve a crop with a productive duration of less than 12 months.\n> \n> > (3) Must remove entire plant during harvest.","sortOrder":201},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Signage—Zones E1, E2, E3 and MU1","content":"#### sch.2-sec-oc.4 Signage—Zones E1, E2, E3 and MU1\n\nSignage—Zones E1, E2, E3 and MU1\n\n> > A-frame\n> > \n> > > (a) Only 1 sign per commercial premises.\n> > \n> > > (b) Must not be located on a footpath adjacent to a classified road.\n> > \n> > > (c) Must be removed from the footpath outside of the approved operating hours of the related business.","sortOrder":202},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Subdivisions required for road closures","content":"#### sch.2-sec-oc.5 Subdivisions required for road closures\n\nSubdivisions required for road closures\n\n> The subdivision of land for the purpose of closing a public road.","sortOrder":203},{"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 2010 No 119, Sch 2.30; 2011 (363), Sch 15 \\[40\\]–\\[42\\]; 2021 (86), Sch 1\\[6\\] \\[7\\]; 2022 (832), Sch 1.17\\[10\\].","sortOrder":204},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Building identification signs and business identification signs","content":"#### sch.3-sec Building identification signs and business identification signs\n\nBuilding identification signs and business identification signs\n\n> > (1) Does not include signs that may be erected as exempt development under Schedule 2.\n> \n> > (2) Must not cover mechanical ventilation inlet or outlet vent.\n> \n> > (3) Must not incorporate flashing or moving components.\n> \n> > (4) If erected on a building, must not project beyond any part of the building on which it is erected.\n> \n> > (5) If erected over a public road (which includes a public footpath), the lowest point of the sign must be at least 2.6m above ground level (existing).\n> \n> > (6) Must not be externally illuminated.\n> \n> > (7) If on a heritage item, heritage conservation area or archaeological site, must comply with the following—\n> > \n> > > (a) no part may cover windows or architectural projections or other decorative features of the premises upon which it will be displayed,\n> > \n> > > (b) must be able to be removed without significantly altering or damaging the fabric of the heritage item, heritage conservation area or archaeological site.\n> \n> > (8) Maximum advertising areas as follows—\n> > \n> > > (a) projecting wall sign—2m2,\n> > \n> > > (b) above awning sign—3m2,\n> > \n> > > (c) pole or pylon sign—6m2.\n> \n> > (9) Maximum height of pole or pylon sign—6m above ground level (existing).\n> \n> > (10) Must relate to the lawfully established use and occupation of the land.\n> \n> > (11) Must not be more than 3 signs displayed at the premises or place.","sortOrder":206},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"Industrial development","content":"#### sch.3-sec-oc.2 Industrial development\n\nIndustrial development\n\n> > (1) Must be external alterations.\n> \n> > (2) Must only be carried out in Zone E4.\n> \n> > (3) Roofing must be of pre-coloured materials.\n> \n> > (4) Must be face brick, pre-coloured metal cladding, textured finish or painted masonry and ‘tilt-slab’ concrete, or a combination of these materials.\n> \n> > (5) Must not be constructed within 1m of any easements or sewer mains.\n> \n> > (6) The floor space ratio (including any mezzanine areas) must not be more than 0.5:1.\n> \n> > (7) Ground level (existing) must not be cut or filled so as to alter by more than 2.0m.\n> \n> > (8) The front setback must be at least 6m.\n> \n> > (9) Awnings or eaves must be at least 1m from the side and rear setbacks required by the Building Code of Australia for the intended use of the building.\n> \n> > (10) A minimum 2m wide landscape area must be provided along all street frontages.\n> \n> > (11) Parking spaces must be provided on the site at the rate of 1 space per 70m2 of gross floor area.\n> \n> > (12) Parking spaces and turning areas must comply with AS 2890.1:2004, Off-street car parking.\n> \n> > (13) Internal driveways must provide access to the building or separate occupancy to accommodate a rigid truck that is at least 11m long, in compliance with AS 2890.1:2004, Off-street car parking, sufficient to allow such trucks to enter and leave the site in a forward direction.\n> \n> > (14) All internal roadways must be constructed to an all-weather bitumen or concrete surface in accordance with Council’s Aus-Spec #1 Design and Construction Specifications.\n> \n> > (15) Storage areas and waste bins must be screened from the street frontage and provided behind the building line.","sortOrder":207},{"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":209},{"sectionNumber":"sch.3-sec-oc.4","sectionType":"section","heading":"Industrial development on land below the flood planning level","content":"#### sch.3-sec-oc.4 Industrial development on land below the flood planning level\n\nIndustrial development on land below the flood planning level\n\n> > (1) A floor level survey plan, prepared by a registered surveyor, must be submitted to the principal certifying authority before the construction of wall frames of a building located on land below the flood planning level.\n> \n> > (2) The plan must show that the floor levels are above the flood planning level.","sortOrder":210},{"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 2011 (582), Sch 1 \\[1\\]–\\[4\\]; 2013 (262), cl 4; 2013 (638), cl 4; 2014 (117), cl 4; 2014 (506), cl 5; 2015 (126), Sch 1 \\[1\\] \\[2\\]; 2021 (124), cl 4; 2022 (471), cl 5; 2023 (419), cl 5.","sortOrder":211},{"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 2018 (101), Sch 1 \\[12\\]; 2021 (86), Sch 1\\[8\\].","sortOrder":215},{"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":218},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":220},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":222},{"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":231},{"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":233},{"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":234},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":235}],"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 instrument has expanded beyond a basic zoning schedule into a detailed regulatory instrument that now covers a wider array of matters than a simple zone/use map. Over time it has incorporated specific local permitted uses (Schedule 1), parcel-level reclassifications of public land (Schedule 4), detailed technical controls (acid sulfate soils cl 7.1; aquaculture cl 5.19 and Sch 6), flood planning aligned with State guidance (cl 5.21), suspension of certain private covenants (cl 1.9A), community-title and strata-related subdivision rules (cls 4.1AA, 4.2B), and many SEPP-driven amendments. Those additions move the Plan from a narrow zoning tool toward a comprehensive local development-regulation instrument, increasing its substantive reach and the number of activities and site attributes it directly regulates (see examples: cl 2.5 & Sch 1 for parcel-specific entitlements; cl 5.21 — flood planning; cl 7.1 — acid sulfate soils; cl 5.19 & Sch 6 — aquaculture)."},"complexity_factors":["Extensive Land Use Table covering 20+ zones with different permitted/consent/prohibited lists (Part 2 / Land Use Table)","Multiple statutory maps (Land Zoning Map, Lot Size Map, Height Map, FSR Map, Flood Planning Map, Heritage Map, Mineral & Extractive Resources Map, Land Reservation Acquisition Map) with legal effect (cls 1.7, 2.2, 4.1, 4.3, 4.4, 5.21, Schs)","Large number of conditional and nested clauses for subdivision and lot-size exceptions (cls 4.1, 4.1AA, 4.1B, 4.1C, 4.2–4.2D)","Many cross-references to multiple State environmental planning policies (SEPPs) and other Acts—governs precedence and additional obligations (cl 1.9 and cross-references throughout)","Multiple Schedules (Sch 1–6) containing parcel-specific uses, exempt and complying development lists and operational technical requirements","Significant discretion given to consent authority with required records and special tests (cl 4.6, cl 5.10, cl 5.21) increasing decision complexity","Technical management plan requirements for particular matters (acid sulfate soils cl 7.1; aquaculture Sch 6; heritage management docs cl 5.10) requiring specialist inputs","A mix of mandatory prohibitions (e.g. canal estates cl 2.9) and permissive exceptions (e.g. cl 4.6) creating conditional outcomes","Several not-adopted or repealed clauses scattered through the text (not-adopted items and repeals), which complicates reading and application","Amended and inserted clauses across many years (frequent amendments noted in marginal notes) requiring users to reconcile historical changes and the current consolidated text"],"plain_english_summary":"**What this Plan does (mechanically)\n\n- Sets the legal planning rules that apply to land inside the Nambucca local government area: it defines zones, maps, permitted and prohibited uses, development standards (height, floor space, lot sizes), exemptions and complying development, heritage protections and various local controls (clauses and Schedules throughout Parts 1–7 and Schedules 1–6).  See clause references: zones and maps (cl 2.1–2.3, cl 1.7), Land Use Table (Part 2 & Land Use Table), Lot Size / Height / FSR maps and rules (cls 4.1, 4.3, 4.4), and schedules for exemptions and complying development (Sch 2, Sch 3).\n\n- Names the consent authority for this Plan as the Council (cl 1.6) and requires that the consent authority consider zone objectives and specific clause tests when deciding development applications (cl 2.3, cl 4.6, cl 5.21, cl 5.10 etc.).\n\n- Replaces earlier local environmental plans for the land to which it applies and carries savings rules for development applications lodged under an old instrument (cl 1.8, cl 1.8A).\n\n- Incorporates numerous local controls and exceptions: temporary uses (cl 2.8), prohibition on canal estate development (cl 2.9), suspension of private covenants where necessary to give effect to the Plan (cl 1.9A), flood planning requirements (cl 5.21), acid sulfate soil controls (cl 7.1), public land classification (cl 5.2 and Sch 4) and heritage controls and processes (cl 5.10 and Sch 5).\n\nWho this affects\n\n- Property owners and prospective purchasers in the Nambucca area: the Plan directly determines what uses are allowed (without consent, with consent, or prohibited) on each site via the Land Zoning Map, Lot Size Map, Height of Buildings Map and Floor Space Ratio Map (cl 2.2, cl 4.1, cl 4.3, cl 4.4).\n\n- Developers and builders: the Plan sets standards for when development consent is required, when exempt or complying development applies, and the substantive standards to be met (Sch 2 and Sch 3; cl 3.1–3.3, cl 4.5, cl 4.6).\n\n- Council (consent authority): Council is the decision-maker for most development consent decisions and must apply the Plan’s objectives, mandatory tests and maps (cl 1.6, cl 2.3, cl 4.6, cl 5.21).\n\n- Owners of heritage items, Aboriginal sites, and environmentally sensitive land: special consent processes, notification and assessment requirements apply (cl 5.10; cl 3.3; Schedule 5).\n\n- State agencies and infrastructure providers: the Plan identifies where State acquisition or infrastructure arrangements are relevant (cl 5.1; cl 6.1) and defers to State environmental planning policies that prevail over the Plan (cl 1.9).\n\nWhy it matters (stated purposes and how they operate in practice)\n\n- The Plan’s stated aims include protecting environmental, heritage and agricultural values and guiding ecologically sustainable, coordinated economic growth (cl 1.2). Mechanically, it does that by: zoning land (limiting land uses), fixing minimum lot sizes and development standards, and imposing consent tests for sensitive activities (e.g. flood-prone land—cl 5.21; acid sulfate soils—cl 7.1; intensive livestock—cl 5.18; heritage—cl 5.10).\n\n- The Plan shapes private choices and market outcomes by changing which activities are permitted, which require consent, and the cost of bringing proposals to the Council. For example: Schedule 1 grants particular parcels additional permitted uses (concentrated, parcel-specific benefits) while the Land Use Table restricts many uses in rural and residential zones (diffuse effects across many owners) (cl 2.5; Sch 1; Land Use Table).\n\nAnalytical check — incentives, costs, trade-offs and implementation issues (by reference)\n\n- Who pays and who decides: owners/developers pay compliance costs (applications, studies, management plans). Council decides most consents (cl 1.6). State agencies play a role where SEPPs prevail or State infrastructure is implicated (cl 1.9; cl 6.1).\n\n- Concentrated benefits vs diffuse costs: Schedule 1 creates site-specific entitlements (e.g. permitting a pub or caravan park on identified lots) that confer concentrated benefits to particular owners (Sch 1). In contrast, development standards and additional consent requirements create administrative and compliance costs spread across many landholders (e.g. requirements for acid sulfate soils management plans—cl 7.1; flood risk assessments—cl 5.21).\n\n- Compliance and approval burden: multiple conditional tests and technical plans are required for sensitive activities (heritage assessments—cl 5.10(5)–(6); acid sulfate soils management plans—cl 7.1(3); aquaculture site and operational requirements—cl 5.19 and Sch 6). The exceptions process (cl 4.6) allows flexibility but requires applicants to demonstrate why a standard should be relaxed and obliges the consent authority to keep a record of the decision (cl 4.6(3)–(4)). These requirements increase application complexity and transaction costs.\n\n- Trade-offs and scope of discretion: the Plan leaves substantial discretion to the consent authority on matters such as flood compatibility (cl 5.21), heritage impacts (cl 5.10(4)), and boundary or rural subdivision exceptions (cls 4.1B–4.2C). Discretion can enable nuanced outcomes but increases uncertainty for applicants and risk of inconsistent decisions.\n\n- Effects on private enterprise and land use: the zoning and use table define market opportunities: some commercial activities are actively encouraged in centre zones (E1/E2) while many industrial/retail uses are prohibited in residential and conservation zones (Land Use Table). Rules limiting retail floor area (e.g. neighbourhood shops, cl 5.4(7); industrial retail outlets, cl 5.4(4)) and other caps (bed and breakfast rooms, cl 5.4(1); kiosks, cl 5.4(6)) constrain business scale and influence investment decisions.\n\n- Implementation and mapping reliance: the Plan depends on multiple maps (Land Zoning, Lot Size, Flood Planning, Heritage Map, Mineral and Extractive Resources Map, etc.). Map amendments require formal processes and Ministerial/authority approval (cl 1.7). Errors, late updates or map misalignment with on-the-ground conditions can cause practical disputes.\n\n- Interaction with State instruments and external constraints: the Plan is subject to SEPPs and State Acts (cl 1.9; numerous cross-references in many clauses). Developers must track both local rules and relevant State policies.\n\n- Specific prohibitions and local policy choices: canal estate development is expressly prohibited (cl 2.9), and the Plan contains detailed aquaculture rules (cl 5.19 & Sch 6), reflecting locally specific regulatory choices that directly restrict or permit particular forms of waterfront and rural activity.\n\nKey cross-references to check when using this Plan\n\n- Maps and Schedules (Land Zoning Map, Lot Size Map, Height Map, Floor Space Ratio Map, Land Reservation Acquisition Map, Heritage Map, Mineral & Extractive Resources Map).\n- SEPPs and State Acts that prevail or interact (not exhaustive): SEPPs for Housing, Transport & Infrastructure, Resources & Energy, Resilience & Hazards, Primary Production; the Environmental Planning & Assessment Act; Heritage Act; Crown Land Management Act; Fisheries and Biodiversity/Nature Conservation laws. See cl 1.9 and many clause cross-references.\n\nPrimary clause pointers (examples)\n\n- Council is consent authority: cl 1.6\n- Zoning and Land Use Table: cl 2.1–2.3 and Land Use Table (Part 2)\n- Minimum lot sizes and subdivision controls: cl 4.1 and related clauses (4.1AA–4.2C)\n- Flood planning test and considerations: cl 5.21\n- Heritage consent triggers and procedures: cl 5.10 and Sch 5\n- Suspension of restrictive covenants (limited): cl 1.9A\n- Exempt and complying development rules: cl 3.1–3.3, Sch 2, Sch 3\n- Local, parcel-specific permitted uses: cl 2.5 and Sch 1\n\nThis summary describes how the Plan operates in practice (what it requires and who it binds). It attributes the Plan’s stated aims to the Plan text (for example, cl 1.2) and then outlines the concrete costs, incentives and decision points that follow from those rules (consent requirements, mapping dependence, extra technical studies, discretionary decision-making)."},"kimi_summary":{"_metrics":{"completionTokens":751},"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 (as shown in the amendment history), these amendments appear to be refinements and updates rather than significant scope expansion. The core structure covering zoning, subdivision, development standards, heritage, and environmental protection remains intact."},"complexity_factors":["21 different land use zones with distinct objectives and permitted/prohibited uses","Extensive cross-referencing to maps (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, Flood Planning Map, Acid Sulfate Soils Map, etc.)","Multiple overlapping exceptions and special provisions for rural subdivision (clauses 4.1, 4.1AA, 4.1B, 4.1C, 4.2, 4.2A, 4.2B, 4.2C, 4.2D)","Nested definitions and conditional logic (e.g., 'intensive aquaculture' defined by reference to other regulations)","Savings provisions and transitional arrangements for development applications made under previous planning instruments","Schedule-based structure with 6 schedules containing detailed technical requirements","Multiple amendment references indicating evolving legislative framework (amendments in 2011, 2012, 2013, 2014, 2016, 2017, 2018, 2019, 2021, 2022, 2023, 2024, 2025)","Heritage controls with multiple layers of assessment (heritage items, conservation areas, archaeological sites, Aboriginal places)"],"plain_english_summary":"This is the **Nambucca Local Environmental Plan 2010**, a planning rulebook that controls what can be built and done on land in the Nambucca area of New South Wales.\n\n**What it does:**\n- **Divides land into zones** (like RU1 Primary Production, R1 General Residential, E1 Local Centre, C2 Environmental Conservation, etc.) — 21 zones in total\n- **Sets rules for each zone** about what development is allowed without approval, what needs council approval, and what's banned\n- **Controls subdivision** — minimum lot sizes, with special rules for rural land, community title, and boundary adjustments\n- **Protects heritage** — lists heritage items and conservation areas requiring special approval for changes\n- **Manages environmental risks** — flood planning, acid sulfate soils, bush fire hazards\n- **Allows some development without approval** — \"exempt development\" like farm dams, small signs, grave markers\n- **Fast-tracks simple development** — \"complying development\" for things like certain signs and industrial buildings that meet standard conditions\n\n**Who it affects:**\n- Property owners, farmers, businesses, developers, and anyone wanting to build or change land use in Nambucca\n- The local council (Nambucca Valley Council) as the consent authority\n\n**Key features:**\n- Strong protection for rural and environmental land — many zones restrict residential development to prevent fragmentation\n- Special rules for **eco-tourist facilities**, **intensive livestock**, and **aquaculture** (fish farming)\n- **Music and arts friendly** — includes a unique clause preventing council from refusing licensed premises based on music genre, live performance, or dancing\n- **Flood planning** — strict controls on development in flood-prone areas\n- **Heritage protection** — 46 listed heritage items plus 2 conservation areas"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"While the original intent — to provide a comprehensive land use planning framework for the Nambucca local government area — has remained consistent, the scope has evolved significantly through more than 70 amendments over 15 years. These amendments have progressively adjusted zoning maps, permitted land uses, development standards, and local provisions in response to changing community needs, state planning policy updates, and specific development proposals. The plan has grown in practical complexity well beyond its original form."},"complexity_factors":["Operates under the Environmental Planning and Assessment Act 1979, which is itself a complex piece of legislation with many layers","Uses a 'standard instrument' format that incorporates state-wide template provisions alongside local variations — requiring readers to cross-reference multiple documents","Has been amended over 70 times since 2010, creating a long and complex amendment history that makes it difficult to track what rules apply at any given point in time","Land use zoning involves technical zone codes and permitted/prohibited use tables that require specialist knowledge to interpret correctly","Interaction between local, state, and regional planning policies adds interpretive complexity","Geographically specific maps form an integral part of the plan but are not fully accessible from the text alone","Frequently cross-references other instruments and policies not contained within the document itself"],"plain_english_summary":"The Nambucca Local Environmental Plan 2010 is the master planning rulebook for land use and development in the Nambucca local government area. It sets zoning, what uses and developments are allowed or prohibited, and key controls like building heights, lot sizes and heritage and environmental protections.\n\nIt affects property owners, residents, developers, businesses, farmers and prospective buyers — check the current (amended) plan before you buy, build or change land use."}},"importantCases":[],"_links":{"self":"/api/acts/nambucca-local-environmental-plan-2010","history":"/api/acts/nambucca-local-environmental-plan-2010/history","analysis":"/api/acts/nambucca-local-environmental-plan-2010/analysis","conflicts":"/api/acts/nambucca-local-environmental-plan-2010/conflicts","importantCases":"/api/acts/nambucca-local-environmental-plan-2010/important-cases","documents":"/api/acts/nambucca-local-environmental-plan-2010/documents"}}