Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
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Direct links to the current provisions in Bega Valley Local Environmental Plan 2013.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
W4 Working Waterfront
cl 2.1: Am 2015 (62), Sch 1 [1]; 2022 (829), Sch 1.2[1] [2].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, 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
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2015 (50), Sch 1 [1] [2]; 2015 (62), Sch 1 [2]; 2015 (740), cl 5 (1)–(3); 2016 (168), Sch 1 [4]; 2017 (493), Sch 1.1 [1] [2]; 2017 (508), Sch 1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2021 (239), Sch 1[1] [2]; 2021 (586), Sch 1[1]–[6]; 2021 (714), Sch 10.2; 2022 (314), Sch 1; 2022 (829), Sch 1.2[3] [4]; 2023 (458), Sch 2.5; 2024 (1), Sch 1[1]–[4]; 2024 (292), Sch 1[2] [3]; 2025 (310), Sch 1[1]–[3].
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU3 Forestry
Zone RU4 Primary Production Small Lots
Zone RU5 Village
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R5 Large Lot Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone E5 Heavy Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
Zone W1 Natural Waterways
Zone W2 Recreational Waterways
Zone W3 Working Waterways
Zone W4 Working Waterfront
3 Permitted with consent
Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Home-based child care; Industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Water supply systems; Wholesale supplies
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(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 (the owner-initiated acquisition provisions).
Note.
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 requires the authority to acquire the land.
(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 (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).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone C2 Environmental Conservation and marked “Coastal lands acquisition” | The corporation constituted under section 8 of the Act |
(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.
cl 5.1: Am 2024 (42), Sch 1.4.
Part 6 Additional local provisions
6.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(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 as being of the class specified for those works.
| Class of land | Works | | 1 | Any works. | | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. | | 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. | | 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. | | 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. |
(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.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(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
(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.
(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)—
(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,
(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),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, and
(b) the works are not likely to lower the watertable.
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2015 (482), cl 5; 2022 (829), Sch 1.2[14] [15]; 2023 (35), cl 5(1) (2); 2023 (401), Sch 1[2]; 2024 (206), Sch 1; 2024 (481), Sch 1.
2A Use of certain land at 487 Sapphire Coast Drive, Bournda
(1) This clause applies to land at 487 Sapphire Coast Drive, Bournda, being Lot 292, DP 853663, identified as “19” on the Additional Permitted Uses Map.
(2) Development for the purposes of a neighbourhood shop and service station is permitted with development consent.
7 (Repealed)
8 Use of certain land at Merimbula Drive, Merimbula
(1) This clause applies to land at Merimbula Drive, Merimbula, being Lot 3, DP 620570 identified as “8” on the Additional Permitted Uses Map.
(2) Development for the purposes of light industries and tourist and visitor accommodation is permitted with development consent.
9 Use of certain land at Nullica Road, Tarraganda
(1) This clause applies to land at Nullica Road, Tarraganda, being Lot 3, DP 252623 identified as “9” on the Additional Permitted Uses Map.
(2) Development for the purposes of a vehicle repair station and transport depot, being a transport depot for buses, is permitted with development consent.
10 Use of certain land at Tathra-Bermagui Road, Bermagui and Princes Highway, Eden and Sapphire Coast Drive, Merimbula
(1) This clause applies to land at Tathra-Bermagui Road, Bermagui and Princes Highway, Eden and Sapphire Coast Drive, Merimbula, being Lot 312, DP 728092, Lot 1, DP 507706, Lot 55, DP 750194, Lot 1077, DP 1121134 and part of Lot 7004, DP 1054930 identified as “10” on the Additional Permitted Uses Map.
(2) Development for the purposes of a waste disposal facility is permitted without development consent.
(3) This clause ceases to apply from the beginning of 14 June 2020.
11 Use of certain land at Tilba Road, Wallaga Lake
(1) This clause applies to land at Tilba Road, Wallaga Lake, being Lot 41, DP 752130 identified as “11” on the Additional Permitted Uses Map.
(2) Development for the purposes of a function centre is permitted with development consent.
12 Use of certain land at Merimbula Airport
(1) This clause applies to land at Merimbula Airport, Arthur Kaine Drive, Merimbula, being Lot 1, DP 549112 identified as “12” on the Additional Permitted Uses Map.
(2) Development for the purposes of commercial premises, community facilities and light industries is permitted with development consent if the consent authority is satisfied that—
(a) the development will not interfere with the effective operation of the airport, and
(b) the development will not adversely affect the commercial viability of the central business district of Merimbula.
13 (Repealed)
14 Use of certain land at Sapphire Coast Drive, Merimbula
(1) This clause applies to land at Sapphire Coast Drive, Merimbula, being Lot 441, DP 45826 and Lot 447, DP 720013 identified as “14” on the Additional Permitted Uses Map.
(2) Development for the purposes of dwelling houses is permitted with development consent.
15 Use of certain land at Broadwater, Millingandi, Wonboyn and Wonboyn Lake
(1) This clause applies to land at Broadwater, being Lot 124, DP 44333, Millingandi, being Lots 438 and 440, DP 45800, Wonboyn, being Lot 29, DP 750239 and Wonboyn Lake, being Lot 44, DP 599749 identified as “15” on the Additional Permitted Uses Map.
(2) Development for the purposes of aquaculture is permitted with development consent.
16 Use of certain land at Gowing and Valley Streets, Bega
(1) This clause applies to land at Gowing Avenue, Rawlinson and Valley Streets, Bega, being Lots 40 and 41, DP 826237, Lot 1, DP 999094 and Lot C, DP 975901 identified as “16” on the Additional Permitted Uses Map.
(2) Development for the purposes of seniors housing is permitted with development consent.
17 Use of certain land at Young Street, Bermagui
(1) This clause applies to land at Montague and Young Streets, Bermagui, being Lots 11–15, Section 8, DP 758095 identified as “17” on the Additional Permitted Uses Map.
(2) Development for the purposes of seniors housing is permitted with development consent.
18 Use of certain land at 280–282 Merimbula Drive, Merimbula
(1) This clause applies to land at 280–282 Merimbula Drive, Merimbula, being Lot 3, DP 620570 and Lot 2, DP 594161 identified as “18” on the Additional Permitted Uses Map.
(2) Development for the purposes of rural supplies, timber yards and truck depots is permitted with development consent.
19 Use of certain land at Arthur Kaine Drive, Merimbula
(1) This clause applies to the following land at Arthur Kaine Drive, Merimbula, identified as “23” on the Additional Permitted Uses Map—
(a) Lot 374, DP 750227,
(b) Lots 1 and 2, DP 1047807,
(c) part of Lot 355, DP 41837.
(2) Development for the purposes of tourist and visitor accommodation is permitted with development consent.
20 Use of certain land at Wirriga Street, Eden
(1) This clause applies to land at Wirriga Street, Eden, identified as “20” on the Additional Permitted Uses Map.
(2) Development for the purposes of general industries or residential accommodation is permitted with development consent.
21 Use of certain land at North Bega and South Bega
(1) This clause applies to certain land at Ridge Street, John Street, Buckajo Road, Bridge Street and Lagoon Street, North Bega, and Spanish Oaks Drive, She Oak Close and Kerrisons Lane, South Bega, identified as “21” on the Additional Permitted Uses Map.
(2) Development for the purposes of specialised retail premises is permitted with development consent.
22 Use of certain land at Eden Snug Cove, Eden Wharf
(1) This clause applies to certain land at Eden Snug Cove, Eden Wharf, identified as “22” on the Additional Permitted Uses Map.
(2) Development for the purposes of tourist and visitor accommodation is permitted with development consent.
23 Use of certain land in Zones E1 and E2
(1) This clause applies to land in Zones E1 and E2 identified as “24” on the Additional Permitted Uses Map.
(2) Development for the purposes of dwelling houses, dual occupancies, multi dwelling housing and residential flat buildings is permitted with development consent.
24 Use of certain land at 10 Lagoon Street, Bega
(1) This clause applies to part of Lot 1, DP 1264640, 10 Lagoon Street, Bega, identified as “25” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) community facilities,
(b) entertainment facilities,
(c) function centres,
(d) retail premises.
25 Use of land at Rawlinson Street, Bega
(1) This clause applies to Lot 2, DP 516738 and Lot 3, DP 1187097, Rawlinson Street, Bega, identified as “26” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential flat buildings is permitted with development consent.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt 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.
sch 2: Am 2022 (829), Sch 1.2[16]–[18]; 2024 (1), Sch 1[10]–[12]; 2025 (310), Sch 1[8]; 2025 (559), Sch 1.
Burials on private land
(1) Must only be on land in the following zones—
(a) Zone RU1,
(b) Zone RU2,
(c) Zone C3.
(2) Must not have more than 4 deceased persons buried on the land.
(3) Must comply with the standards specified in Council Policy—Burials on Private Land, as published by the Council on 8 October 2025.
Note—
Must comply with the Public Health Regulation 2022, Part 8 and the relevant guidelines issued by the Ministry of Health.
Community gardens
(1) Must be located on community land categorised as a park or as general community use.
(2) Maximum area—600m2.
Note—
Approval of the Council may be required under the Local Government Act 1993 for activities on community land.
Markets
(1) Must be located in a public car park or on community land categorised as a park or as general community use.
(2) Maximum 4 per year.
(3) Maximum 30 stalls.
(4) Must not be used for the purposes of the sale of registrable vehicles, within the meaning of the Road Transport Act 2013.
Note—
Approval of the Council may be required under the Local Government Act 1993.
Painted artwork on buildings
(1) Must not be on a heritage item or a draft heritage item, or in a heritage conservation area, a draft heritage conservation area or a foreshore area.
(3) If on land in a residential zone—must be less than 3m in height and 3m in diameter.
(4) Must not project above the parapet or eaves of the building.
(5) Must not contain signage.
Note—
Signage includes advertising and business identification signs.
(6) In this clause—
draft heritage conservation area, draft heritage item and foreshore area have the same meanings as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Note—
Development on a public road may require approval under the Roads Act 1993.
Signage
(1) Must not cover mechanical ventilation inlet or outlet vents.
(2) Must not include flashing or moving components.
(3) Must not be erected or displayed on or above public roads and public reserves, unless otherwise permitted in this Schedule.
(4) Under awning signs
(a) Maximum area—1.5m2.
(b) Must be erected horizontally at least 2.6m from the ground or footpath.
(c) Must not project beyond awning.
(d) If erected above a public road, must not extend or project beyond a point 0.6m from the vertical projection of the kerb line.
(5) Fascia signs (attached to the fascia or return of an awning)
(a) Must not project above or below the fascia or return end of awning.
(b) Must not extend more than 300mm from the fascia or return end of awning.
(c) If erected above a public road, must not extend or project beyond a point 0.6m from the vertical projection of the kerb line.
(6) Top hamper signs (attached to the transom of a doorway or display window of a building)
(a) Must not extend more than 200mm beyond any building alignment.
(b) Must not extend below head of doorway or window to which it is attached.
(7) Flush wall signs (attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 300mm from the wall)
(a) Must not exceed 2.5m2 for the combined area of all flush wall signs on the premises.
(b) If projecting over a public road, must be erected horizontally at least 2.6m from the ground or footpath.
(8) Window signs (attached to, or displayed on, a shop window)
(a) Maximum 1 per shopfront.
(b) Must be located on ground level.
(c) At least 50% of front window must remain uncovered.
(9) Projecting wall signs (attached to the wall of a building (other than the transom of a doorway or display window) and projecting horizontally more than 300mm) Must be erected horizontally at least 2.6m from the ground or footpath.
(10) Business identification signs
(a) If located on land in a residential or rural zone—
(i) maximum 1 sign per property, and
(ii) must be situated within the boundaries of the property, and
(iii) maximum area—2.5m2, and
(iv) must not be illuminated.
(b) If located on land in Zone E1, E2, E3 or MU1—
(i) maximum 3 signs per premises, and
(ii) must be located at ground floor level, and
(iii) must be an under awning sign, fascia sign, top hamper sign, flush wall sign or window sign.
(c) If located on land in Zone E4—
(i) must be situated within the boundaries of the premises, and
(ii) if located on premises containing a single occupancy, must be either—
(A) a flush wall sign with an area not more than 20% of the area of the front elevation of the premises, or
(B) a projecting wall sign with a maximum area of 5m2, and
(iii) if located on premises containing multiple occupancies, must be either a flush wall sign or projecting wall sign with a maximum area of 2.5m2 that is attached to the relevant occupancy.
(11) Advertising signage—internal signs
(a) Must not be visible from outside the premises in which it is displayed.
(b) If located in premises on land in an employment zone, must be behind the glass line of a window.
(12) Replacement signs (change of message)
(a) Must be a lawfully erected sign.
(b) Must not increase area of sign or brightness of illumination.
(13) A-frame signs
(a) Maximum 1 per premises.
(b) Must not be located on land in a residential, rural or conservation zone unless related to—
(i) artisan food and drink industries, or
(ii) farm gate premises, or
(iii) information and education facilities, or
(iv) mobile food and drink outlets, or
(v) retail premises.
(c) Must not obstruct the movement of pedestrians.
(d) Must be removed at the close of business each day.
Note—
Approval of the Council may be required under the Local Government Act 1993 for activities on public roads.
Subdivision of council public roads
Must relate to land comprising a council public road proposed for closure under the Roads Act 1993, Part 4, Division 3.
Temporary use of land for events
(1) The land must be—
(a) public land, or
(b) in a car park owned or managed by the Council, or
(c) a showground.
(2) Must not be in a conservation zone.
(3) Must not be for a music concert or dance party, unless the event is for the purposes of community fundraising.
(4) Must not be for more than 7 consecutive days.
(5) Must not be for a particular event more than once in a calendar year.
Note—
Approval of the Council may be required under the Local Government Act 1993.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 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.
General conditions
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.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2015 (646), Sch 1 [1]–[3]; 2017 (52), cl 4; 2017 (366), cl 5 (1) (2).
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2017 (508), Sch 1 [4]–[8]; 2020 (222), Sch 1[1]–[4]; 2022 (55), cl 5(1)–(4); 2024 (1), Sch 1[13] [14]; 2025 (310), Sch 1[9]–[11].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Bega Valley Local Environmental Plan 2013.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Bega Valley in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to protect and improve the economic, natural and social resources of Bega Valley through the principles of ecologically sustainable development, including conservation of biodiversity, energy efficiency and taking into account projected changes as a result of climate change,
(b) to provide employment opportunities and strengthen the local economic base by encouraging a range of enterprises, including tourism, that respond to lifestyle choices, emerging markets and changes in technology,
(c) to conserve and enhance environmental assets, including estuaries, rivers, wetlands, remnant native vegetation, soils and wildlife corridors,
(d) to encourage compact and efficient urban settlement,
(e) to ensure that development contributes to the natural landscape and built form environments that make up the character of Bega Valley,
(f) to provide opportunities for a range of housing choices, including affordable and adaptive housing, in locations that have good access to public transport, community facilities and services, retail and commercial services and employment opportunities,
(g) to protect agricultural lands by preventing land fragmentation and adverse impacts from non-agricultural land uses,
Who this affects
Why it matters (policy intent and practical trade-offs)
The Plan’s stated aims include protecting environmental and heritage values, enabling sustainable primary production and tourism, providing housing choices (including affordable/adaptable housing), and managing natural hazard risk (clause 1.2). Those aims are implemented mechanically through zoning, minimum lot sizes, environmental assessment tests, and the schedules/maps that apply to particular sites.
Costs, incentives and trade-offs visible in the text:
Concrete behavioural effects
Key legal levers to watch in practice
(References: clause numbers and the Land Use Table, Schedule 1 and 2, Part 4 subdivision and development standards, Part 5 heritage and hazard provisions, Part 6 local clauses and Schedule 5 heritage listings.)
(h) to identify and conserve the Aboriginal and European cultural heritage of Bega Valley,
(i) to restrict development on land that is subject to natural hazards,
(j) to ensure that development has minimal impact on water quality and environmental flows of receiving waters.
cl 1.2: Am 2024 (292), Sch 1[1].
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.
(1A) Despite subclause (1), this Plan does not apply to the land identified as “Deferred Matter” on the Land Application Map.
cl 1.3: Am 2014 (360), Sch 1.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
Note.
While Bega Valley Local Environmental Plan 2002 no longer applies to the land to which this Plan applies, it will continue to apply to the land identified as “Deferred matter” under clause 1.3(1A).
cl 1.8: Am 2020 (210), cl 5.
1.8A Savings provision relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(2) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
cl 1.8A: Am 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
cl 1.9: Am 2013 No 111, Sch 3.2 [1] [2]; 2016 (310), Sch 4.2.
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
W4 Working Waterfront
cl 2.1: Am 2015 (62), Sch 1 [1]; 2022 (829), Sch 1.2[1] [2].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/ep
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