{"id":"nsw:epi-2012-0098","name":"Richmond Valley Local Environmental Plan 2012","slug":"richmond-valley-local-environmental-plan-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"98 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181356,"registerId":"nsw-nsw:epi-2012-0098-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 [Richmond Valley Local Environmental Plan 2012](/view/html/inforce/current/epi-2012-0098).","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> > Residential Zones\n> \n> > R1 General 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> > 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> > C2 Environmental Conservation\n> > \n> > C3 Environmental Management\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> > \n> > W2 Recreational Waterways\n> > \n> > W4 Working Waterfront\n> \n> **cl 2.1:** Am 2022 (830), Sch 1.21\\[1\\] \\[2\\]; 2025 (121), Sch 1\\[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\nNote 2—\n\nUnder the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155), Schedule 1, clause 6(2), this Plan is, until 26 April 2025, taken to apply to land identified as “Land subject to Richmond Valley Regional Jobs Precinct Process” on the [Land Zoning Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/richmond-valley-local-environmental-plan-2012) (the subject land) as if certain amendments to this Plan had not commenced on 26 April 2023. As a result, until 26 April 2025 and to the extent this Plan applies to the subject land, this Plan is taken to include the references to business and industrial zones that were in this Plan immediately before 26 April 2023.\n\n**Land Use tbl:** Am 2013 (383), Sch 1 \\[1\\]; 2014 (155), cl 4 (1); 2016 (123), Sch 1 \\[1\\]; 2016 (168), Sch 1 \\[2\\]; 2017 (493), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2022 (314), Sch 1; 2022 (727), Sch 4.7; 2022 (830), Sch 1.21\\[3\\] \\[4\\]; 2023 (458), Sch 2.68; 2025 (121), Sch 1\\[2\\].\n\nZone RU1 Primary Production\n\nZone RU3 Forestry\n\nZone RU5 Village\n\nZone R1 General 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 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 C2 Environmental Conservation\n\nZone C3 Environmental Management\n\nZone W1 Natural Waterways\n\nZone W2 Recreational Waterways\n\nZone W4 Working Waterfront","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agritourism; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Funeral homes; Group homes; Helipads; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Hospitals; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Kiosks; Landscaping material supplies; Moorings; Open cut mining; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Service stations; Signage; Turf farming; Veterinary hospitals; Water recreation structures; Water supply systems","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Advertising structures; Any other 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":107},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":111},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":125},{"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/richmond-valley-local-environmental-plan-2012) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park—Lots 393 and 395, DP 755624” | Minister administering the Environmental Planning and Assessment Act 1979 |\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 and Infrastructure 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 and Infrastructure (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.\n> \n> **cl 5.1:** Am 2022 (830), Sch 1.21\\[8\\].","sortOrder":126},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":153},{"sectionNumber":"6","sectionType":"section","heading":"Acid sulfate soils","content":"#### 6 Acid sulfate soils\n\n6.1 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/richmond-valley-local-environmental-plan-2012) 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 is not required 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, and\n> > \n> > > (b) the works are not likely to lower the watertable.\n> \n> > (7) Despite subclause (2), development consent is not required under this clause for the carrying out of works on land for the purpose of agriculture if—\n> > \n> > > (a) a production area entitlement is in force in respect of the land when the works are carried out, and\n> > \n> > > (b) the works are carried out in accordance with a drainage management plan, and\n> > \n> > > (c) the works are not carried out in respect of a major drain identified on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/richmond-valley-local-environmental-plan-2012), and\n> > \n> > > (d) the works are not carried out on land within Zone C2 Environmental Conservation or on land identified as “coastal wetlands” on the Coastal Wetlands and Littoral Rainforests Area Map, within the meaning of [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 2.\n> \n> > (8) In this clause—\n> > \n> > drainage management plan means an irrigation and drainage management plan that—\n> > \n> > > (a) is prepared in accordance with the NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005), and\n> > \n> > > (b) is endorsed by the Sugar Milling Co-operative as being appropriate for the land.\n> > \n> > NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) means the guidelines approved by the Director-General of the Department of Infrastructure, Planning and Natural Resources on 25 May 2005.\n> > \n> > production area entitlement means a contractual arrangement between the Sugar Milling Co-operative and a grower member of that Co-operative for the production of sugar cane for milling.\n> > \n> > Sugar Milling Co-operative means the New South Wales Sugar Milling Co-operative Limited (ACN 051 052 209) or its successor.\n> > \n> > Note.\n> > \n> > The NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Souls (2005) is available on the Department of Planning and Infrastructure’s website.\n> \n> **cl 6.1:** Am 2013 (383), Sch 1 \\[3\\]; 2018 (106), Sch 2.10; 2022 (72), Sch 1.46; 2022 (830), Sch 1.21\\[9\\].","sortOrder":154},{"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 (164), cl 4 (1) (2); 2025 (121), Sch 1\\[4\\]–\\[7\\].","sortOrder":171},{"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 (135), Sch 1 \\[4\\]–\\[6\\]; 2014 (155), cl 4 (2); 2016 (123), Sch 1 \\[4\\]; 2022 (830), Sch 1.21\\[10\\].","sortOrder":176},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Garages","content":"#### sch.2-sec Garages\n\nGarages\n\n> > (1) Must only be used for domestic purposes.\n> \n> > (2) Must be located on a lot in one of the following zones—\n> > \n> > > (a) Zone RU1 Primary Production,\n> > \n> > > (b) Zone RU5 Village,\n> > \n> > > (c) Zone R1 General Residential,\n> > \n> > > (d) Zone R5 Large Lot Residential.\n> \n> > (3) Must not be constructed or installed on or in, or in relation to, a heritage item or draft heritage item.\n> \n> > (4) Must be constructed or installed so that roof water is disposed of without causing a nuisance to adjoining owners.\n> \n> > (5) Must be designed by, and constructed in accordance with the specifications of, a professional engineer.\n> \n> > (6) Must be constructed of non-combustible material if located within 5m of a dwelling located on bush fire prone land.\n> \n> > (7) Maximum floor area—\n> > \n> > > (a) on a lot that has an area of less than 2ha—20m2, or\n> > \n> > > (b) on a lot that has an area of at least 2ha—60m2.\n> \n> > (8) Must not have a wall height, excluding gables, greater than 3m above ground level (existing).\n> \n> > (9) Maximum 1 per lot.\n> \n> > (10) Must be located clear of any sewer main, water main or stormwater main to a minimum distance of 1.5m, with footings and foundations to be extended down to a depth of 300mm below the zone of influence for the main (an area contained within 30° to the horizontal from the invert of the main).\n> \n> > (11) Must be located at least 20m from any bush fire hazard.\n> \n> > (12) Must be located—\n> > \n> > > (a) if the land is in Zone RU1 Primary Production or Zone R5 Large Lot Residential—at least 3m from each side and rear boundary and 20m from a boundary fronting a road, or\n> > \n> > > (b) if the land is in Zone RU5 Village or Zone R1 General Residential—at least 900mm from each side or rear boundary and 5.5m from a boundary fronting a road.","sortOrder":177},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Special events on public land, other than land in Zone C2 or C3","content":"#### sch.2-sec-oc.2 Special events on public land, other than land in Zone C2 or C3\n\nSpecial events on public land, other than land in Zone C2 or C3\n\n> > (1) Must not have a duration of more than 52 days (including set up and dismantling) in any 12 month period.\n> \n> > (2) Must be located on land owned by the Council or for which the Council has care, control or management (including roads and Crown land).\n> \n> > (3) Event organiser must have adequate public liability insurance for the event.\n> \n> > (4) Must not involve the erection of permanent structures on the land, other than structures being a type of exempt development.\n> \n> > (5) Must have obtained all required approvals at least 2 working days before the event.\n> \n> Note.\n> \n> Other approvals may be required, and must be obtained, under other Acts, including the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), the [Roads Act 1993](/view/html/inforce/current/act-1993-033) and the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).","sortOrder":178},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Strata subdivision of dual occupancies","content":"#### sch.2-sec-oc.3 Strata subdivision of dual occupancies\n\nStrata subdivision of dual occupancies\n\n> > (1) All buildings must be on land in a residential zone and have been consented to by the consent authority.\n> \n> > (2) Subdivision layout must not contravene the development consent for the dual occupancy.\n> \n> > (3) Certificate of occupation for the dual occupancy must have been issued no more than 12 months prior to the subdivision.","sortOrder":179},{"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":180},{"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":183},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)\n\n**sch 4:** Am 2013 (668), cl 4 (1) (2).","sortOrder":184},{"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 2013 (383), Sch 1 \\[4\\]–\\[23\\].","sortOrder":188},{"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":192},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":194},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":196},{"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":204},{"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":205},{"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":207},{"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":208},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":209}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Plan has expanded beyond a basic zoning instrument into a detailed, parcel‑level regulatory framework since its original enactment. Evidence in the text shows numerous later insertions and amendments (annotations throughout) that add precinct‑specific controls (e.g. Richmond Valley Regional Jobs Precinct—cl. 6.16 and Schedule 1 additions), detailed environmental and technical rules (acid sulfate soils cl. 6.1; terrestrial biodiversity cl. 6.6; expanded flood planning cl. 5.21–5.22), and operational complexity (special rules for airspace cl. 6.11, licensed premises music protections cl. 5.20). These additions broaden the Plan’s scope from setting zone rules to actively managing sectoral activities (aquaculture, intensive livestock thresholds, industrial precincts, heritage conservation at scale), increasing prescriptiveness, cross‑agency dependencies and site‑specific permissions. The result is a Plan that performs both as a zoning map and as an instrument of detailed land‑use regulation and environmental management, beyond the narrower original purpose of consolidating local zoning provisions."},"complexity_factors":["Extensive number of map layers and parcel‑level rules referenced (Zoning Map, Lot Size Map, Height of Buildings Map, Dwelling Opportunity Map, Heritage Map, Terrestrial Biodiversity Map, Riparian Land and Waterways Map, Wetlands Map, Acid Sulfate Soils Map, Land Reservation Acquisition Map).","Many cross‑references to State environmental planning policies and multiple other Acts (e.g. SEPPs, Heritage Act, Fisheries Management Act, Local Government Act) that can modify or prevail over Plan provisions (see cl. 1.9 and numerous other clauses).","High count of schedules and lists: Schedule 5 contains ~180 heritage items and archaeological sites; multiple schedules and detailed operational requirements (Schedules 1–6).","Layered conditional rules and nested exceptions (e.g. cl. 4.6 exceptions to development standards with carve‑outs; cl. 4.1 and 4.1AA/4.1A/4.1B/4.1C multiple overlapping lot size rules).","Numerous zone‑specific permitted/prohibited lists across many zones increasing cross‑checking needs (Land Use Table entries for ~20 different zone classifications).","Multiple technical compliance triggers requiring specialist reports/plans (heritage management documents cl. 5.10; acid sulfate soils management plan cl. 6.1; flood and special flood considerations cl. 5.21–5.22; biodiversity assessments cl. 6.6).","Several transitional, savings and amendment clauses that preserve older rights or alter application to specific lands (cl. 1.8A; Standard Instrument Order notes; various amendment annotations).","Presence of precinct‑specific and parcel‑specific permissions and prohibitions (Schedule 1 additional permitted uses; cl. 6.16 Richmond Valley Regional Jobs Precinct; cl. 6.13 The Glebe, Coraki).","Some provisions are not adopted or repealed in places (e.g. clauses marked \"Not adopted\" or repealed), creating conditional scope depending on which parts are active, which complicates interpretation."],"plain_english_summary":"**What this Plan does (mechanically)**\n\n- Sets the legal zoning and development rules for land in Richmond Valley (see clause 1.3 and Land Zoning Map). The Council is the consent authority for most matters (clause 1.6).\n- Lists the land use zones and what uses are: permitted without consent, permitted with consent, or prohibited (clause 2.1; Land Use Table at Part 2). Examples: RU1 Primary Production, R1 General Residential, E3 Productivity Support, C2 Environmental Conservation, W1 Natural Waterways, etc.\n- Establishes principal development standards developers must meet (minimum lot sizes and subdivision rules (cl. 4.1–4.2A), height limits (cl. 4.3), limits and exceptions to standards (cl. 4.6)).\n- Identifies exempt and complying development types and the conditions under which they can proceed without a development consent (Part 3; cl. 3.1–3.3; Schedules 2 and 3).\n- Adds many locally specific controls: heritage protections (cl. 5.10 and Schedule 5), biodiversity, wetlands, riparian corridors and acid sulfate soils overlays (Part 6 and maps: cl. 6.1, 6.6, 6.8, 6.10), flood planning and special flood considerations (cl. 5.21–5.22), and special precinct controls including a Richmond Valley Regional Jobs Precinct (cl. 6.16).\n- Provides procedural and cross‑agency requirements for certain proposals (e.g. consultation with Commonwealth body for airspace penetrations—cl. 6.11; special rules for development intended to be acquired for public purposes—cl. 5.1A).\n- Preserves and updates maps and schedules (zoning, lot sizes, heritage items, dwelling opportunity, height, acid sulfate soils, biodiversity, flood maps) that give granular, parcel‑level rules (cl. 1.7 and map references throughout).\n- Includes transitional/savings rules for development applications lodged before the Plan or before later State policies (cl. 1.8A) and a clause that suspends private covenants and agreements to the extent necessary to allow development under the Plan (cl. 1.9A), with explicit exceptions.\n\n**Official aims stated by the Plan (source claim)**\n- The Plan’s stated aims include making local planning provisions consistent with the relevant standard instrument, protecting and promoting arts and cultural uses, managing natural and man‑made resources, supporting social and economic benefits, ensuring suitable land is available for appropriate uses, providing essential services and infrastructure, and minimising risks to the community (cl. 1.2).\n\n**How those aims are implemented and who is affected (practical effects)**\n- Who decides: the local Council is the primary decision‑maker on development consents (cl. 1.6), but the Plan requires consultation or adherence to State policies and other agencies in particular circumstances (e.g. Commonwealth for airspace — cl. 6.11; State SEPPs prevail where they do — cl. 1.9).\n- Who pays / bears costs: landowners and developers bear the direct costs of preparing applications, complying with site‑specific requirements (heritage assessments, flood and biodiversity reports, acid sulfate management plans—see cl. 6.1, cl. 5.10, cl. 6.6, cl. 5.21), providing or ensuring essential services (cl. 6.2), and meeting infrastructure or remediation conditions that may be imposed with consent. Where land is rezoned or designated for public purposes, acquisition costs fall to the relevant State acquiring authority (cl. 5.1).\n- Behaviour changes encouraged or constrained:\n  - Limits on subdivision, minimum lot sizes and dual occupancy controls (cl. 4.1, 4.1B–4.1C, 4.2–4.2C) restrict the creation of additional dwellings in many rural and conservation zones, which reduces opportunities for land fragmentation.\n  - Environmental overlays and the requirement for management plans (acid sulfate soils cl. 6.1; terrestrial biodiversity cl. 6.6; riparian cl. 6.8; wetlands cl. 6.10) mean developers must design to avoid, minimise or mitigate environmental impacts.\n  - The Plan enables certain local economic uses (e.g. specific additional permitted uses in Schedule 1 such as a rail freight facility or boat building on identified lots) while prohibiting others in zones to protect centre functions (Land Use Table, Schedule 1).\n  - The clause suspending private covenants (cl. 1.9A) reduces some private legal obstacles to development (but excludes covenants imposed by the Council and several conservation / Crown instruments).\n  - Standards preventing refusal of licensed‑premises applications on the basis of musical performance (cl. 5.20) restrict one basis for refusal, shifting the focus to whether noise can be managed.\n\n**Costs, incentives, trade‑offs and implementation risks**\n- Compliance and transaction costs: The Plan layers many parcel‑level constraints (maps and schedules) and procedural preconditions (heritage investigations, biodiversity assessments, acid sulfate management plans, flood risk assessments). These raise up‑front compliance costs for most non‑minor developments (see cl. 5.10, cl. 6.1, cl. 6.6, cl. 5.21).\n- Opportunity costs and constraints on private use: Minimum lot sizes, restrictions on dwelling entitlements in rural zones (cl. 4.2B and 4.2A), and environmental overlays can limit owners’ ability to subdivide or intensify use; that reduces developers’ and some owners’ options while protecting environmental and landscape attributes.\n- Concentrated benefits and diffuse costs: Site‑specific permissions (Schedule 1) and precinct designations (cl. 6.16) can create concentrated economic benefits for certain landowners or industries (e.g. industrial/transport uses), while the regulatory overlays and constraints impose diffuse compliance costs across many owners and developers.\n- Bureaucratic discretion and uncertainty: Clauses that permit departures from development standards where environmental planning grounds exist (cl. 4.6) introduce discretionary decision‑making by the consent authority. That can allow tailored outcomes, but it also increases uncertainty for applicants and may lengthen assessment times.\n- Cross‑agency coordination and implementation risk: Multiple references to State SEPPs, other Acts, and external guidance documents (flood and biodiversity guidelines, BASIX, fisheries/aquaculture strategies) mean success depends on consistent inter‑agency implementation and up‑to‑date technical guidance (see cl. 1.9; cl. 5.19; cl. 5.21).\n- Regulatory complexity vs. predictability: The Plan provides detailed, map‑based rules that increase predictability at parcel level, but repeated amendments, layered exceptions and numerous conditional clauses increase legal and administrative complexity for users.\n\n**Concrete behavioural effects**\n- Developers will need to: check multiple maps and schedules, commission technical studies for heritage, flood, biodiversity, acid sulfate soils or landslide risk where relevant (cl. 1.7; cl. 5.10; cl. 5.21; cl. 6.1; cl. 6.7); and expect Council discretion (cl. 2.3). \n- Landowners in rural and conservation zones face tighter controls on subdivision and additional tests to build dwellings (cl. 4.2B, cl. 4.2A). \n- Operators of licensed premises gain protection from refusal based on music or dancing, but still must manage noise to acceptable levels (cl. 5.20).\n\n**Key provisions to note when using this Plan**\n- Maps are authoritative and must be checked for parcel‑level rules: Zoning Map, Lot Size Map, Height Map, Dwelling Opportunity Map, Riparian/Biodiversity/Wetlands maps and Acid Sulfate Soils Map (cl. 1.7 and map cross‑references throughout).\n- Transitional/savings rules may preserve rights for applications lodged before later changes (cl. 1.8A).\n- The Plan repeatedly references and integrates State SEPPs and external technical guidelines; those materials can override or shape outcomes (cl. 1.9; cl. 5.21).\n\n**Representative clause citations**\n- Aims: cl. 1.2. Zoning and land to which the Plan applies: cl. 2.1, cl. 1.3. Consent authority: cl. 1.6. Land Use Table and permitted/prohibited uses: cl. 2.3 and Part 2 Land Use Table. Minimum lot sizes and subdivision control: cl. 4.1–4.2C. Flood planning: cl. 5.21–5.22. Heritage: cl. 5.10 and Schedule 5. Suspension of private covenants: cl. 1.9A. Music/noise rule for licensed premises: cl. 5.20. Richmond Valley Regional Jobs Precinct: cl. 6.16.\n\n(If you want, I can extract the specific map layers and the most relevant clauses for a single property or a short list of parcels.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"While the core purpose — regulating land use and development in Richmond Valley — has remained constant since 2012, the plan's scope has clearly evolved through more than 50 amendments over 13 years. This pattern is typical of LEPs, which are progressively updated to rezone specific parcels, respond to NSW government policy changes, reflect community needs, and incorporate new state-level planning requirements. The frequency of amendments (sometimes multiple in a single month) suggests the plan's practical scope has expanded or shifted meaningfully from its original form."},"complexity_factors":["Extensive amendment history — over 50 separate versions since 2012, meaning the applicable rules at any given time can differ significantly depending on when a decision was made","Standard instrument LEP format incorporates NSW-wide standard provisions alongside local variations, requiring cross-referencing between the plan and state-level legislation","Multiple land use zones with different permitted, permissible (with consent), and prohibited uses — determining what applies to a specific parcel requires reading zone tables carefully","Interaction with numerous other planning instruments including State Environmental Planning Policies (SEPPs), which can override or modify LEP provisions","Technical definitions and land use terms that carry precise legal meanings different from everyday usage","Flood, heritage, biodiversity, and agricultural land overlays create additional layers of rules on top of base zoning","Only metadata and version history provided — the actual substantive content of the plan (maps, zone tables, clauses) is not included in the provided text, limiting detailed analysis"],"plain_english_summary":"The Richmond Valley Local Environmental Plan 2012 is the legal planning rulebook for Richmond Valley (Casino, Coraki and surrounds). It zones land, controls what development is allowed or needs council approval, and protects environmental, heritage and agricultural values. \n\nIt affects homeowners, farmers, businesses, developers and local communities — anyone proposing changes to land — and is a standard‑instrument LEP (amended 50+ times, current version in force from 19 September 2025)."},"kimi_summary":{"_metrics":{"completionTokens":788},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a local environmental plan for Richmond Valley. While it has been amended multiple times since 2012 (including additions for flood planning, farm stays, and the Regional Jobs Precinct), these changes represent incremental updates within the plan's established scope rather than significant expansion beyond its original land use planning and development control purpose."},"complexity_factors":["19 separate land use zones with detailed permitted/prohibited development tables","Multiple overlay maps referenced (Land Zoning, Lot Size, Height, Heritage, Acid Sulfate Soils, Landslide Risk, Terrestrial Biodiversity, Riparian, Drinking Water Catchment, Wetlands, Dwelling Opportunity, Key Sites, Additional Permitted Uses, plus airport-related maps)","Nested exceptions and conditional provisions throughout (e.g., clause 4.2B has 5 subclauses with multiple exceptions)","Cross-references to numerous State Environmental Planning Policies and other legislation","Heritage schedule with 180+ individually listed items across multiple categories (buildings, archaeological sites, conservation areas)","Detailed technical requirements for specific land uses (aquaculture, intensive livestock, flood planning, acid sulfate soils)","Savings and transitional provisions with multiple amendment dates tracked","Standard Instrument LEP structure with local modifications and additional clauses"],"plain_english_summary":"This is a **Local Environmental Plan (LEP)** for **Richmond Valley**, a local government area in northern New South Wales. It sets the rules for what can be built and how land can be used across the region.\n\n**What it does:**\n\n- **Zones land into categories** like rural (farming, forestry), residential, commercial, industrial, conservation, and waterways — 19 zones in total. Each zone lists what development is allowed without approval, what needs council approval, and what's banned.\n\n- **Controls subdivision** — sets minimum lot sizes for breaking up land, with special rules for rural areas, dual occupancies, and community title schemes.\n\n- **Protects heritage** — lists over 180 heritage items (buildings, sites, trees) and one heritage conservation area in Casino, requiring approval to demolish or alter them.\n\n- **Manages environmental risks** — includes special protections for flood-prone land, acid sulfate soils, landslide areas, drinking water catchments, wetlands, and biodiversity hotspots.\n\n- **Supports specific industries** — has detailed rules for intensive livestock farming, aquaculture (fish farming), and farm tourism like farm stays.\n\n- **Limits certain developments** — prohibits canal estates, restricts sex services premises near schools and homes, and controls development near the Casino and Evans Head airports.\n\n- **Provides fast-track approvals** — identifies \"exempt development\" (no approval needed) and \"complying development\" (certifier approval instead of full council assessment) for straightforward projects.\n\n**Who it affects:**\n\n- **Property owners and developers** in Richmond Valley (including Casino, Evans Head, Coraki, Woodburn and surrounding areas)\n- **Farmers and rural businesses** — special rules for primary production, forestry, and farm diversification\n- **Heritage property owners** — extra controls on listed buildings and sites\n- **Council** — Richmond Valley Council is the consent authority for most decisions\n\n**Why it matters:**\n\nThis plan shapes how the region grows — balancing housing, jobs, farming, tourism, and environmental protection. It determines whether you can subdivide your rural block, build a granny flat, run a farm stay, or develop in a flood zone. The plan has been amended multiple times since 2012, most recently in 2025 to add controls for the Richmond Valley Regional Jobs Precinct."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/richmond-valley-local-environmental-plan-2012","history":"/api/acts/richmond-valley-local-environmental-plan-2012/history","analysis":"/api/acts/richmond-valley-local-environmental-plan-2012/analysis","conflicts":"/api/acts/richmond-valley-local-environmental-plan-2012/conflicts","importantCases":"/api/acts/richmond-valley-local-environmental-plan-2012/important-cases","documents":"/api/acts/richmond-valley-local-environmental-plan-2012/documents"}}