{"id":"nsw:epi-2013-0713","name":"Oberon Local Environmental Plan 2013","slug":"oberon-local-environmental-plan-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"713 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181257,"registerId":"nsw-nsw:epi-2013-0713-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 [Oberon Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0713).","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> > RU5 Village\n> > \n> > RU6 Transition\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> \n> > Special Purpose Zones\n> \n> > 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> **cl 2.1:** Am 2019 (356), Sch 1 \\[1\\]; 2022 (830), Sch 1.18\\[1\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2016 (168), Sch 1 \\[5\\]; 2017 (418), cl 4 (1); 2017 (493), Sch 1.1 \\[1\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 No 1, Sch 2.23 \\[1\\] \\[2\\]; 2019 (356), Sch 1 \\[2\\]; 2019 (621), Sch 3; 2022 (314), Sch 1; 2022 (830), Sch 1.18\\[2\\].\n\nZone RU1 Primary Production\n\nZone RU3 Forestry\n\nZone RU5 Village\n\nZone RU6 Transition\n\nZone R1 General Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone SP3 Tourist\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Camping grounds; Cellar door premises; Cemeteries; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Freight transport facilities; Function centres; Helipads; Highway service centres; Home-based child care; Home industries; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Jetties; Landscaping material supplies; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Roads; Roadside stalls; Rural industries; Sewerage systems; Veterinary hospitals; Water recreation structures; Water supply systems","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Any development not specified in item 2 or 3","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":83},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":87},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":99},{"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/oberon-local-environmental-plan-2013) (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> > When this Plan was made it did not include all of these zones.\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":100},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":126},{"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":127},{"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 (636), cl 4 (1); 2017 (418), cl 4 (2); 2024 (130), Sch 1.","sortOrder":135},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 2 Exempt development\n\nSchedule 2 Exempt development\n\n(Clause 3.1)\n\nNote 1.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.\n\nNote 2.\n\nExempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.\n\n(When this Plan was made this Schedule was blank)","sortOrder":137},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Complying development","content":"# Schedule 3 Complying development\n\nSchedule 3 Complying development\n\n(Clause 3.2)\n\nNote.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.","sortOrder":138},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec General conditions\n\nGeneral conditions\n\n> Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":141},{"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":142},{"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 2015 (441), Sch 1; 2026 (146), Sch 1.","sortOrder":146},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Pond-based and tank-based aquaculture","content":"# Schedule 6 Pond-based and tank-based aquaculture\n\nSchedule 6 Pond-based and tank-based aquaculture\n\n(Clause 5.19)","sortOrder":150},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":152},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":154},{"sectionNumber":"7","sectionType":"section","heading":"Conservation exclusion zones","content":"#### 7 Conservation exclusion zones\n\n7 Conservation exclusion zones\n\n> > (1) Must not be carried out on the following land, except to the extent necessary to gain access to water—\n> > \n> > > (a) land declared an area of outstanding biodiversity value under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063),\n> > \n> > > (b) vacant Crown land,\n> > \n> > > (c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.\n> \n> Note.\n> \n> Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.","sortOrder":162},{"sectionNumber":"8","sectionType":"section","heading":"Flood liability","content":"#### 8 Flood liability\n\n8 Flood liability\n\n> Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.","sortOrder":163},{"sectionNumber":"9","sectionType":"section","heading":"Species selection","content":"#### 9 Species selection\n\n9 Species selection\n\n> Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).","sortOrder":165},{"sectionNumber":"10","sectionType":"section","heading":"Pond design","content":"#### 10 Pond design\n\n10 Pond design\n\n> > (1) Must not require the construction of new ponds, water storages, dams or buildings.\n> \n> > (2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.\n> \n> > (3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.","sortOrder":166},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":167}],"analysis":{"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":6,"scope_assessment":{"changed":true,"description":"Yes. The Plan expressly repeals earlier local environmental plans for the area (cl 1.8) and contains later amendment and savings notes (for example cl 1.8A; cl 4.1A insertion 2017; cl 2.1 and other clauses carry amendment annotations). Maps and schedules are explicitly amendable (cl 1.7) and Schedule 5 shows later amendment entries (sch 5: Am 2015; 2026), so the instrument’s scope and detailed controls have been modified since the original making."},"complexity_factors":["Broad and detailed zoning regime with a Land Use Table listing permitted, consent and prohibited uses across many zone types (cl 2.1; cl 2.3; Land Use Table).","Multiple map‑based controls that must be read together (Land Application Map, Lot Size Map, Heritage Map, Riparian Lands and Watercourses Map, Industrial Buffer Map) increasing spatial interpretation complexity (cl 1.3; cl 1.7; cl 4.1; cl 6.3; cl 6.6; Schedule 5).","Interplay and precedence with State environmental planning policies and other statutes (cl 1.9; cross‑references to the Heritage Act 1977, Biodiversity Act 2016, Rural Fires Act 1997, Fisheries and Crown Land Acts) creating layered legal obligations.","Multiple development pathways (development consent, exempt development, complying development) with distinct thresholds, conditions and exclusions (cl 3.1; cl 3.2; cl 2.6; Schedule 2 and 3 references).","Significant areas of discretion and exception‑making (e.g. exceptions to standards cl 4.6, local consent tests in cl 5.10 heritage and cl 6.3 riparian land) requiring documented assessments and record‑keeping.","Numerous site‑specific local controls (lot averaging in Titania Estate cl 4.1A, Oberon Timber Complex buffer cl 6.6, karst subsidence cl 6.7, flood planning cl 5.21) that alter how generic rules apply on particular land.","Transitional, repeal and amendment history incorporated into the text (repeal of earlier LEPs cl 1.8; savings provision cl 1.8A; multiple amendment notes), meaning users must track changes and saved rights."],"plain_english_summary":"Mechanically, this local environmental plan replaces earlier local plans and establishes zoning, permitted/prohibited uses, exempt and complying development pathways, lot‑size controls and several map overlays for land in Oberon. The Council is the consent authority; landowners and developers pay application and compliance costs and must meet environmental, heritage and infrastructure conditions. The Plan’s stated aims include protecting natural and cultural assets, encouraging local employment and tourism, and managing subdivision and flood/karst risks, which is achieved by permit rules, site controls and discretionary decision‑making."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The plan has been amended approximately 50 times since its original commencement in December 2013, strongly suggesting that its scope has expanded or shifted from its original intent. Frequent amendments to LEPs typically reflect rezoning of land, addition of new permissible land uses, changes to development standards, and incorporation of new state planning policy requirements. The current version (from September 2025) is almost certainly materially different from the 2013 original."},"complexity_factors":["Frequent amendments — approximately 50 versions since 2013 — mean the rules have changed often and determining which version applied at a given time requires careful checking","Operates under a standardised NSW template (Standard Instrument LEP) but with locally specific schedules, maps, and exceptions that require cross-referencing multiple documents","Heavily map-dependent — land use zones are defined by zoning maps that must be read alongside the written text","Interacts with multiple layers of planning law including the Environmental Planning and Assessment Act 1979, State Environmental Planning Policies (SEPPs), and council development control plans","Different rules apply to different land zones (residential, rural, environmental, industrial, etc.), requiring users to identify their zone before understanding what applies to them","Only the status/timeline metadata was provided — the actual operative provisions of the plan (zones, land use tables, development standards) are not included in the text analysed, limiting full assessment"],"plain_english_summary":"The Oberon Local Environmental Plan 2013 is the official planning rulebook for the Oberon council area, setting land‑use zones, what development is allowed, and development standards and protections that govern building and land use. \n\nIt affects anyone who owns, buys, rents or wants to develop land in Oberon (homeowners, farmers, developers, businesses) and determines lawful uses and property value; it’s been amended ~50 times since 2013, so always check the current version."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3163},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This legislation remains within the standard scope of a Local Environmental Plan. It regulates land use, development, and environmental protection for the Oberon local government area consistent with its original 2013 intent. Amendments shown in the text (2019, 2022) are minor updates—such as adding specific permitted uses for individual properties (31 O’Connell Road), updating references to new Acts (Community Land Development Act 2021), or clarifying aquaculture standards—rather than fundamental expansions of scope."},"complexity_factors":["13 distinct land use zones (RU1, RU3, RU5, RU6, R1, R5, E1, E3, E4, SP3, RE1, RE2, C1) each with specific objectives and permitted/prohibited uses","58+ heritage items and 2 heritage conservation areas listed in Schedule 5 with specific property descriptions and significance levels","Extensive cross-referencing to State Environmental Planning Policies (SEPPs) and other legislation including the Heritage Act 1977, National Parks and Wildlife Act 1974, and Crown Land Management Act 2016","Nested conditional logic in clause 4.6 (Exceptions to development standards) which allows breaking rules in certain circumstances but explicitly excludes certain zones and development types","Multiple site-specific provisions requiring reference to external maps (Lot Size Map, Land Zoning Map, Industrial Buffer Map, Riparian Lands Map) for application","Specialised technical schedules for aquaculture (Schedule 6) with operational requirements including pond design, species selection, and discharge protocols","Multiple 'not adopted' clauses (height, floor space ratio) creating uncertainty requiring readers to verify which provisions are active","Transition provisions and savings clauses (clause 1.8A) for development applications lodged under previous planning instruments"],"plain_english_summary":"This document is the **rulebook that controls what you can build and do on land in Oberon**, a rural area in New South Wales. It replaced older planning rules and covers the entire Oberon local government area, including townships like Oberon, Tarana, and O’Connell, plus rural land and the Jenolan Caves.\n\n### How it works: The zoning system\nThe Plan divides all land into **13 zones** (categories), such as:\n- **Rural zones** (Primary Production, Forestry, Village, Transition)\n- **Residential zones** (General Residential, Large Lot Residential)\n- **Employment zones** (Local Centre, Industrial areas)\n- **Special zones** for tourists (SP3), recreation, and national parks\n\nFor each zone, the Plan lists what activities are:\n- **Permitted without consent (approval)**: Minor things like home businesses or environmental protection works\n- **Permitted with consent**: Most building and development, subject to council approval (called **development consent**)\n- **Prohibited**: Uses that are not allowed, such as heavy industry in residential areas\n\n### Key protections and special rules\n- **Heritage**: Protects over 58 specific heritage items (old buildings, cemeteries, railway lines) and two conservation areas, including the Jenolan Caves and the historic O’Connell village. Any changes to listed heritage items require council approval.\n- **Environment**: Special protections for **riparian land** (land near watercourses) to protect water quality, and rules for **karst topography** (limestone areas like Jenolan) to prevent sinkholes and subsidence.\n- **Rural land**: Rules prevent farms from being chopped into tiny blocks (**subdivision**), keeping land viable for agriculture. There are special \"lot averaging\" rules for the Titania Estate area.\n- **Oberon Timber Complex**: Buffer zone rules to protect the timber mill operations from conflicting new development.\n- **Music and arts**: Unusually, the Plan specifically protects live music and performance arts—council cannot refuse a pub or venue just because it plays amplified music or has dancing.\n- **Aquaculture**: Detailed rules for fish farms (pond-based and tank-based), including environmental safeguards.\n\n### Why this matters\nThis Plan shapes whether Oberon grows as a rural residential area, stays agricultural, or expands its tourism industry (especially around the Caves). It balances housing needs with protecting the environment, dark skies (for the observatory), and the town’s historic character. If you want to build a house, subdivide a farm, open a business, or renovate a heritage building in Oberon, this document sets the rules you must follow."}},"importantCases":[],"_links":{"self":"/api/acts/oberon-local-environmental-plan-2013","history":"/api/acts/oberon-local-environmental-plan-2013/history","analysis":"/api/acts/oberon-local-environmental-plan-2013/analysis","conflicts":"/api/acts/oberon-local-environmental-plan-2013/conflicts","importantCases":"/api/acts/oberon-local-environmental-plan-2013/important-cases","documents":"/api/acts/oberon-local-environmental-plan-2013/documents"}}