This local environmental plan sets the rules for land use across the Wentworth Council area: it defines zones, what development is allowed or prohibited, minimum lot sizes, and special controls for riverfronts, heritage, biodiversity, aquaculture, intensive livestock and flood-prone land. It also establishes maps and who decides development consents.
It affects landowners, developers and the Council as consent authority: Council decides approvals, landholders must meet consent, assessment and environmental conditions, and the Plan changes incentives by permitting some activities only with conditions while prohibiting others.
This instrument is the local environmental plan (LEP) that governs land use and development for the Wentworth local government area. It establishes the legal zoning framework, the Land Use Table that lists permitted, consentable and prohibited uses in each zone, the mapping regime, minimum lot sizes and a range of local development controls and procedural requirements. The Plan commences on publication on the NSW legislation website (cl 1.1AA) and applies to the land identified on the Land Application Map (cl 1.3). It expressly repeals earlier local environmental instruments applying to the same land (cl 1.8).
Mechanically, the Plan does the following (select highlights with sources in parentheses):
Declares zones and maps as the primary spatial mechanism for determining permissible uses (Zones listed, cl 2.1; Land Zoning Map, cl 2.2; Maps provisions, cl 1.7).
Sets out the Land Use Table and objectives that the consent authority must have regard to when determining applications (cl 2.3; Land Use Table in Part 2).
Differentiates development that is prohibited, development permissible without consent, and development permissible only with development consent; it also sets exempt and complying development pathways by reference to Schedule 2 and Schedule 3 and to relevant State SEPPs (cl 2.3; Part 3, cl 3.1-3.3; note re SEPPs, cl 1.9).
Imposes minimum subdivision lot sizes and related subdivision controls, including special rules for community title and split-zone lots (Part 4, cl 4.1, 4.1AA, 4.1B).
Prescribes local development standards and controls for specific uses and local features: heritage items and conservation areas (cl 5.10, Schedule 5); river front and Murray River protections (cl 7.6-7.8); terrestrial biodiversity and wetlands assessment requirements (cl 7.4-7.5); aquaculture controls with detailed operational requirements in Schedule 6 and cl 5.19; intensive livestock thresholds and locational limits (cl 5.18); and flood planning considerations linked to the Considering Flooding in Land Use Planning Guideline (cl 5.21).
Current sections
Direct links to the current provisions in Wentworth Local Environmental Plan 2011.
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
Agritourism; Aquaculture; Artisan food and drink industries; Cellar door premises; Dual occupancies (attached); Dwelling houses; Extractive industries; Farm buildings; Heavy industries; Home industries; Intensive livestock agriculture; Kiosks; Landscaping material supplies; Markets; Open cut mining; Plant nurseries; Restaurants or cafes; Roadside stalls; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Self-storage units; Any other development not specified in item 2 or 4
4
Prohibited
4 Prohibited
4 Prohibited
Amusement centres; Commercial premises; Correctional centres; Crematoria; Early education and care facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Function centres; Health services facilities; Heliports; Highway service centres; Hotel or motel accommodation; Industries; Information and education facilities; Liquid fuel depots; Marinas; Mortuaries; Passenger transport facilities; Places of public worship; Port facilities; Public administration buildings; Recreation facilities (indoor); Residential accommodation; Respite day care centres; Restricted premises; Service stations; Serviced apartments; Sex services premises; Storage premises; Vehicle body repair workshops; Warehouse or distribution centres; Wharf or boating facilities; Wholesale supplies
Part 3
Exempt and complying development
Part 3 Exempt and complying development
Part 3 Exempt and complying development
Part 4
Principal development standards
Part 4 Principal development standards
Part 4 Principal development standards
Part 5
Miscellaneous provisions
Part 5 Miscellaneous provisions
Part 5 Miscellaneous provisions
5
Relevant acquisition authority
5 Relevant acquisition authority
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 |
(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.
Part 6
Urban release areas
Part 6 Urban release areas
Part 6 Urban release areas
6
Arrangements for designated State public infrastructure
6 Arrangements for designated State public infrastructure
6.1 Arrangements for designated State public infrastructure
(1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2) Development consent must not be granted for the subdivision of land in an urban release area unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that land.
(3) Subclause (2) does not apply to—
(a) any lot identified in the certificate as a residue lot, or
(b) any lot to be created by a subdivision on land that was the subject of a previous development consent granted in accordance with this clause, or
(c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.
(4) This clause does not apply to land in an urban release area if all or any part of the land is in a region within the meaning of the Act, Division 7.1, Subdivision 4.
(a) 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,
(b) to allow earthworks of a minor nature without requiring separate development consent.
(2) Development consent is required for earthworks unless—
(a) the work is exempt development under this Plan or another applicable environmental planning instrument, or
(b) the work is ancillary to other development for which development consent has been given.
(3) Before granting development consent for earthworks, the consent authority must consider the following matters—
(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b) the effect of the proposed development on the likely future use or redevelopment of the land,
(c) the quality of the fill or the soil to be excavated, or both,
(d) the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e) the source of any fill material and the destination of any excavated material,
(f) the likelihood of disturbing relics,
(g) the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.
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.
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.
9
Species selection
9 Species selection
9 Species selection
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).
10
Pond design
10 Pond design
10 Pond design
(1) Must not require the construction of new ponds, water storages, dams or buildings.
(2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11
Culture water
11 Culture water
11 Culture water
Must use freshwater.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Plan
1 Name of Plan
1.1 Name of Plan
This Plan is Wentworth Local Environmental Plan 2011.
1 Commencement
1 Commencement
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1 Aims of Plan
1 Aims of Plan
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Wentworth 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 encourage and manage ecologically sustainable development within Wentworth,
(b) to encourage the retention and enhancement of land that supports the primary economic activities within Wentworth for productive agriculture and other primary production purposes,
(c) to conserve and protect items of European and Aboriginal cultural heritage,
(d) to conserve and protect areas of environmental significance, particularly conservation parks, reserves and the Murray and Darling River systems.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1 Notes
1 Notes
1.5 Notes
Establishes procedural and institutional mechanics, for example the Council as the consent authority (cl 1.6), the Director-General certification requirement for subdivision in urban release areas (cl 6.1), and classification/reclassification of public land (cl 5.2 and Schedule 4).
Provides an express, limited power to suspend private covenants and similar restrictive instruments to enable development in accordance with this Plan (cl 1.9A), with specified exceptions.
The Plan is explicit that State environmental planning policies may prevail over it where statutory precedence applies (cl 1.9(1)), and it cross-references a range of other Acts and instruments that govern particular aspects of development, for example the Heritage Act 1977, the National Parks and Wildlife Act 1974, the Water Management Act 2000, the Local Government Act 1993 and Commonwealth World Heritage procedures (see multiple clauses, especially cl 5.10 and cl 7.11). The Plan therefore functions as the local layer in the hierarchy of planning law, setting local zoning, locally tailored controls and procedures that operate within the statutory framework of the Act and State policies.
Main concepts
The Plan’s organising concepts are zoning; the Land Use Table; development consent, exempt and complying development; mapped technical layers (zoning map, lot size map, heritage map, natural resource maps); and a set of topic-specific clauses that condition development in sensitive places.
Zoning and Land Use Table. The Plan defines a discrete set of zones (cl 2.1) with stated objectives and a Land Use Table that identifies for each zone what may be done without consent, what requires consent and what is prohibited (cl 2.3; Land Use Table). The consent authority must have regard to zone objectives when determining a development application (cl 2.3(2)). The Plan treats references to map names and combined maps as the operative spatial record (cl 1.7).
Development pathways. The Plan distinguishes three procedural pathways:
Exempt development under Schedule 2, subject to standards and exclusions such as heritage listings and Building Code compliance (cl 3.1).
Complying development via Schedule 3 and the State Codes SEPP, where the development meets specified deemed-to-satisfy standards (cl 3.2).
Development requiring a development application and consent, where the Land Use Table marks the use as consent-required or where the Plan prohibits the use outright (cl 2.3).
Minimum standards and discrete controls. The Plan contains principal development standards concentrated on subdivision and dwelling entitlements, including minimum lot sizes (cl 4.1), special minimums for community title schemes (cl 4.1AA) and minimum lot sizes for certain residential forms in Zone RU5 (cl 4.1A). It also provides an exceptions mechanism that allows consent authorities to grant development consent that contravenes development standards where the applicant demonstrates that strict compliance is unreasonable or unnecessary and there are sufficient environmental planning grounds (cl 4.6). That exceptions process includes recording obligations for the consent authority (cl 4.6(4)) and explicit caps on its application for certain rural and conservation subdivisions (cl 4.6(6)).
Topic-specific local rules. The Plan layers a number of use- or place-specific controls on top of the zoning:
Heritage: consent clauses, notification and consultation duties, and ability to require heritage management documents (cl 5.10; Schedule 5).
Waterways/Murray River and riparian protections: bespoke limitations and assessment criteria for river front areas, river bed and bank development, and riparian land (cl 7.6-7.8).
Biodiversity and wetlands: mapping-based application of additional assessment matters and prohibitions (cl 3.3; cl 7.4-7.5).
Agricultural uses: aquaculture controls (cl 5.19 and Schedule 6), intensive livestock locational thresholds and exempt small-capacity animal facilities (cl 5.18), and rural worker and secondary dwelling controls (cl 4.2C, cl 5.5).
Flood planning: development in flood planning areas must satisfy compatibility, evacuation, and environmental criteria and the consent authority must consider climate change projections and external guideline material (cl 5.21).
Institutional and procedural mechanics. The Council is the consent authority (cl 1.6). For urban release areas, the Director-General must certify that arrangements for designated State public infrastructure have been made before subdivision consent can be granted (cl 6.1). The Plan also classifies or reclassifies public land for Local Government Act purposes and provides a Land Reservation Acquisition Map and a table identifying the State authority to acquire particular reserved land under owner-initiated acquisition provisions (cl 5.1, cl 5.2, Schedule 4).
Interplay with other law. The Plan sits inside a network of other statutes and State environmental planning policies. It is subject to SEPPs that prevail over it (cl 1.9(1)). It cross-refers to and implements procedural triggers required by specialist statutes, for example the Heritage Act (heritage items and processes under cl 5.10), the Fisheries Management Act and aquaculture industry plans (cl 5.19), and the Local Government Act classification regime (cl 5.2).
Who it affects
The Plan assigns rights, obligations and decision-making tasks to a set of identifiable actors. The distribution of costs and decision-making authority is explicit in the clauses and the schedules.
Primary landholders and developers. Owners and prospective purchasers of land in the Wentworth LGA are the first-order audience. The zoning, the Lot Size Map and the Land Zoning Map (cl 2.2; cl 4.1) determine what activities a landowner may carry out without consent, what requires a DA and what is prohibited. Subdivision controls (cl 4.1, 4.1AA, 4.1B) and dwelling controls (cl 4.2B, 4.2C) directly constrain lot-splitting, the creation of additional dwelling entitlements and the erection of dwellings in rural and conservation zones. Owners intending specific activities in sensitive locations must fund environmental assessments, heritage management documents or heritage conservation plans where required (cl 5.10(5)-(6)).
Council as consent authority. The Plan specifies the Council as the consent authority, subject to the Act (cl 1.6). The Council decides DAs, must consider zone objectives (cl 2.3(2)), must be satisfied about essential services for certain developments (cl 7.2), and must make and record assessments such as when exceptions to development standards are sought (cl 4.6(3)-(4)). For land classified or reclassified as operational or community land, the Council carries out classifications under Local Government Act mechanics but is also subject to Governor approval where trust discharges occur (cl 5.2(5)).
State agencies and the Director-General. The Plan requires state-level input in specific circumstances. The Director-General must certify satisfactory arrangements for designated State public infrastructure before subdivision in an urban release area (cl 6.1). Transport for NSW, the corporate entity constituted under the Act and Ministers are identified as relevant acquisition authorities for certain land on the Land Reservation Acquisition Map (cl 5.1(2)).
Heritage and Aboriginal communities. The Plan imposes notification requirements to the Heritage Council for archaeological sites and nominated State heritage item demolitions (cl 5.10(7), (9)), and requires consent authorities to notify and consider responses from local Aboriginal communities before granting consent in Aboriginal places of heritage significance (cl 5.10(8)). The World Heritage Advisory Committee must be consulted for works on the Willandra Lakes World Heritage Property (cl 7.11(3)).
Industry sectors. Agriculture, aquaculture and intensive livestock operations are explicitly regulated. Aquaculture activity is governed by cl 5.19 and Schedule 6 which set location and operational requirements and permit some pond-based aquaculture without consent in specified rural zones provided minimum requirements are met (cl 5.19(4), Schedule 6). Intensive livestock agriculture is subject to locational exclusions and capacity thresholds below which consent is not required (cl 5.18(4)-(5)). Developers of licensed premises are affected by s 5.20 which restricts the grounds on which consent may be refused in relation to music and performance.
Public authorities and Crown land. The Plan confirms that development by or on behalf of a public authority that is permitted by State SEPPs is not restricted by the Plan (cl 5.12). The Plan also deals with Crown land classification and notes that certain instruments within the meaning of the Crown Land Management Act 2016 are not overridden by the suspension-of-covenants clause (cl 1.9A(2)(b)).
Other stakeholders. Neighbouring landowners, utilities providers and environmental agencies are affected by the development controls and the Plan’s provisions requiring assessment of impacts on flood behaviour, water quality, biodiversity and riparian stability (cl 5.21, cl 7.7). Businesses in local centres, tourism operators and the broader community are affected by permitted uses and constraints in respective zones (see Land Use Table and zone objectives).
Key duties and rights
The Plan assigns a mix of duties for decision-makers and applicants, and it also grants rights or entitlements to certain actions when statutory or mapped criteria are met.
Consent authority duties. The Council, as consent authority, has multiple statutory duties under the Plan. It must have regard to zone objectives when assessing development applications (cl 2.3(2)). It must be satisfied about matters specified in particular clauses before granting consent, for example:
That temporary uses will not prejudice subsequent development and that sites are restored (cl 2.8(3)(a)-(d)).
That subdivision and development in river front areas and on river banks will not cause erosion, pollute waterways or compromise public access (cl 7.6(3) and cl 7.8(3)).
That essential services are available or arrangements are in place for development in certain zones (cl 7.2(2)).
That eco-tourist facilities meet a list of conservation and management criteria before consent (cl 5.13(3)(a)-(k)).
That the heritage significance of items and areas is considered and, where required, that the consent authority obtains heritage management documents and/or seeks input from Heritage Council or Aboriginal communities (cl 5.10(4)-(9)).
Applicant duties and obligations. Applicants must comply with Building Code requirements and, where relevant, BASIX commitments (cl 3.1(3)(a); cl 4.6(8)(b)). For complying development, applicants must meet the deemed-to-satisfy standards and the conditions set out in Schedule 3 and the State Codes SEPP (cl 3.2(2)-(4)). Where an applicant seeks an exception to a development standard, the application must include the grounds demonstrating that compliance is unreasonable or unnecessary and that there are sufficient environmental planning grounds (cl 4.6(3)); such an application must be supported by the statutory documentation required by the Environmental Planning and Assessment Regulation 2021 (cl 4.6 note).
Notification and consultation rights and duties. The Plan grants the Heritage Council and local Aboriginal communities statutory consultation and notification roles in specified circumstances, and the consent authority must take into account any responses received within specified timeframes (cl 5.10(7)-(9)). For the Willandra Lakes World Heritage Property, the consent authority must consult the World Heritage Advisory Committee and consider any response within the consultation period (cl 7.11(3)-(5)).
Rights created by the Plan. The Plan provides express entitlements where mapped and technical tests are met. Examples include:
Exempt development rights where Schedule 2 and the building standards are complied with (cl 3.1).
Complying development certification where Schedule 3 and the relevant standards are met (cl 3.2).
The ability to carry out certain pond-based aquaculture without consent in rural zones if Part 2 of Schedule 6’s requirements are met (cl 5.19(4)).
The Plan also gives applicants the right to apply for development consent that departs from development standards via cl 4.6, subject to the statutory test and documentation.
Limitations on rights. The Plan contains express prohibitions and carve-outs. For example:
Canal estate development is prohibited (cl 2.9).
Some development standards and instruments are specifically excluded from the exceptions clause (cl 4.6(8)).
The suspension-of-covenants power will not override covenants imposed or required by Council, relevant Crown instruments, conservation agreements and a number of other listed instruments (cl 1.9A(2)).
Record-keeping and transparency. The consent authority must keep a record of its assessment under cl 4.6 when exception to a development standard is considered (cl 4.6(4)). Several clauses require the consent authority to obtain or consider specified documents before deciding, which imposes evidentiary and administrative duties on the Council and applicants (for example cl 5.19(4)-(5), cl 6.1(2)).
Penalties and enforcement
The Plan itself sets substantive development controls and procedural requirements but does not specify penalty regimes in the text provided. Enforcement of the Plan’s requirements is to be executed under the Environmental Planning and Assessment Act and associated regulations, and by Council acting as the consent authority, as the Plan repeatedly frames matters as requiring development consent, being exempt, or being prohibited.
What the Plan specifies in relation to enforcement mechanics and consequential legal positions:
Many activities are expressly framed as requiring development consent, for example subdivision (cl 2.6), demolition (cl 2.7), and specified heritage-related acts (cl 5.10(2)). Carrying out such acts without consent will engage the regulatory regime established by the Act rather than a penalty provision located in the LEP text itself.
The Plan includes procedural obligations that, if not satisfied, preclude consent. For instance, cl 6.1(2) prevents subdivision consent in urban release areas unless the Director-General has certified infrastructure arrangements. That clause operates as a precondition rather than a direct penalty; non-compliance prevents the grant of consent.
Certain State and other licensing regimes are cross-referenced as prerequisite approvals for development decisions. The Plan requires the consent authority to consider whether other statutory approvals are needed and to have details of any required licence or exemption when determining specified applications (for instance cl 5.17(4)(b) in relation to artificial waterbodies). Where separate Acts create enforcement mechanisms, those apply in parallel.
Practical enforcement instruments available under the broader statutory framework (not contained in this instrument but invoked by its requirements) include:
Refusal of development consent where statutory tests are not met.
Conditions on grants of consent that require compliance with management plans, service provision and mitigation measures (numerous clauses allow conditions).
Regulatory enforcement, compliance notices, orders and prosecutions under the Environmental Planning and Assessment Act and other relevant Acts for unauthorised works.
Because this LEP text refers extensively to the Act, SEPPs and other legislation for the substantive and enforcement machinery, a practitioner must read the LEP alongside the Act and the relevant regulations to identify specific penalty provisions and enforceability steps. The Plan’s clauses establish the legal preconditions and decision criteria that trigger enforcement under the broader statutory regime.
How it interacts with other laws
The Plan is explicitly cross-referential and operates within a hierarchy of State and Commonwealth instruments. The instrument identifies where other laws govern particular aspects of development and where those laws must be considered by the consent authority.
State environmental planning policies and the Act. The Plan is expressed to be subject to State environmental planning policies that prevail over it, as provided by section 3.28 of the Act (cl 1.9(1)). It also flags that some SEPPs or provisions do not apply to the land, though the clause listing those exclusions is blank here (cl 1.9(2)). The Plan repeatedly references the Environmental Planning and Assessment Act’s procedural sections, for example Division 3.5 and section 3.16 approval in relation to suspension of covenants (cl 1.8A note; cl 1.9A(4)).
Heritage and Aboriginal law. The Plan integrates heritage law. It treats heritage items and conservation areas as development-affecting features, prescribes consent requirements for demolition, alteration and excavation, and requires notification of the Heritage Council in certain cases (cl 5.10(2), (7), (9)). For Aboriginal places of heritage significance, the consent authority must consult local Aboriginal communities and consider their responses (cl 5.10(8)). The Plan cross-references the Heritage Act 1977 and the National Parks and Wildlife Act 1974 when discussing heritage and archaeological matters.
Crown land and Crown instruments. The Plan’s suspension-of-covenants clause (cl 1.9A) explicitly excludes “relevant instruments” within the meaning of section 13.4 of the Crown Land Management Act 2016, and excludes conservation agreements under the National Parks and Wildlife Act and other listed instruments. The Plan also states that it does not affect the rights or interests of any public authority under any registered instrument (cl 1.9A(3)). Further, cl 5.12 notes that the Plan does not restrict the carrying out of development by or on behalf of a public authority that is permitted under State SEPPs.
Water, fisheries and agriculture law. The Plan cross-references the Water Management Act 2000, Fisheries Management Act 1994 and related aquaculture instruments. Aquaculture development must be consistent with aquaculture industry development plans where required and Schedule 6 sets site and operational requirements (cl 5.19, Schedule 6). For artificial waterbodies, the Plan requires development consent for certain capacities in environmentally sensitive areas and directs consent authorities to consider licences or authorisations under relevant Acts (cl 5.17(3)-(4)).
Local Government Act interface. The Plan enables classification and reclassification of public land for the purposes of the Local Government Act 1993 (cl 5.2), and Schedule 4 lists parcels reclassified, some with specified interests not discharged. The Plan notes when Governor approval is required to discharge trusts affecting public reserves (cl 5.2(5) and note).
Commonwealth obligations and World Heritage. For land within the Willandra Lakes Region World Heritage Property, the Plan requires consultation with the World Heritage Advisory Committee and requires the consent authority to be satisfied that development will comply with any requirements specified by the Committee (cl 7.11(3)-(5)). The Plan expressly references the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 as a possible mechanism for strategic management plans referred to in cl 7.11(4)(c).
Emergency and conservation laws. The Plan permits bush fire hazard reduction authorised by the Rural Fires Act 1997 without development consent (cl 5.11), and it cross-references a number of environmental protection and conservation statutes where relevant (for example the Biodiversity Conservation Act 2016 in cl 6(1) of Schedule 6 and cl 3.3).
Practical effect of cross-references. The Plan routinely places on applicants and consent authorities duties to consider and sometimes to obtain approvals or licences required under other statutes as part of making planning decisions under the LEP. Where other laws create separate process, standards or enforcement regimes, those operate in parallel and are often treated as prerequisite or relevant matters to the planning decision in this LEP (see examples cl 5.17(4), cl 5.19(4)-(5), cl 5.10(7)-(9), cl 6.1(2)).
Amendment history
The instrument text includes amendment notations within numerous clauses. The Plan has been the subject of multiple amendments recorded inline. The Plan itself contains a number of amendment references which identify the years and statutory instruments amending particular clauses. Extracted examples present in the Plan text include:
Clause 1.8A (Savings provision relating to development applications) bears amendment notes indicating amendments in 2019 (No. 621, Sch 5[1]) and 2023 (No. 609, Sch 2.1).
Clause 2.1 (Land use zones) carries amendment references to 2017 (165, Sch 1[1]), 2020 (725, Sch 1[1]), 2022 (832, Sch 1.32[1]) and 2023 (20, Sch 1[1]).
The Land Use Table includes a long amendment history bar showing amendments in 2016, 2017, 2018, 2019, 2020, 2022, 2023 and 2023 (various instruments) as shown in the footnote to the Land Use Table.
Clause 4.1 (Minimum subdivision lot size) shows an amendment in 2023 (20), Sch 1[4].
Clause 4.1AA (Minimum subdivision lot size for community title schemes) has amendments noted for 2022 (832, Sch 1.32[3]) and 2023 (20, Sch 1[5][6]).
Clause 4.2B (Erection of dwelling houses on land in Zones RU1, RU4, R5, C3 and C4) shows a string of amendments in 2016, 2017, 2017, 2022, 2023 and 2023 (multiple instruments).
Clause 4.2D (Boundary adjustments) shows amendments in 2012 and 2023 and 2024.
Clause 5.9 (Dwelling house or secondary dwelling affected by natural disaster) was inserted in 2021 (2021 No. 302, Sch 1.34) and amended subsequently.
Clause 5.10 (Heritage conservation) includes amendment footnotes listing multiple amendment instruments across 2012, 2015, 2017 and 2025 for Schedule 5.
Clauses addressing aquaculture and Schedule 6 have been added and amended by instruments referenced at cl 5.19 and Schedule 6.
These inline amendment notes indicate iterative updates broadly in recent years, covering adjustments to zones, minimum lot sizes, new local clauses (for example the Willandra Lakes clause ins 2022), and additions reflecting State policy changes such as flood planning provisions and community title adjustments. The Plan records which clauses were inserted, substituted or repealed and the statute number or amendment instrument where the change was made. A practitioner must read the amendment footnotes attached to each clause to establish the precise amendment history for a particular provision. The Plan itself does not include a consolidated amendment chronology narrative beyond the inline notations adjacent to the affected provisions.
Litigation history
The LEP text and its schedules do not contain case law or a litigation history. The instrument names no judgments, appeals or legal proceedings. Where the Plan references statutory decision tests, remedies and processes, those are to be enforced under the Environmental Planning and Assessment Act 1979 and related regulations, and any judicial review or merits appeals would arise under the Act and court and tribunal procedures rather than being recorded in the LEP.
For practitioners seeking litigation history relevant to the interpretation or application of specific clauses, the Plan itself does not provide such material. Any legal authorities that construe elements of the Act, SEPPs or related statutory tests must be sought in case law databases and the records of the relevant tribunals and courts. The LEP should be used as the statutory starting point for obligations and decision criteria; any judicial treatment of similar LEP provisions or statutory tests would inform interpretation but is not contained in this instrument.
Gotchas
This Plan contains several features that commonly produce compliance traps, timing risks and conditional liabilities. The following are practical “watch-outs” grounded in the Plan text.
Savings and transitional DAs. Clause 1.8A preserves a critical transitional rule: a development application made before this Plan’s commencement that had not been finally determined must be determined as if the new Plan had not commenced (cl 1.8A(1)). That creates a potential mismatch between expectations based on the new Plan and actual applicable controls for pre-commencement DAs. Practitioners must check the DA lodgement date carefully.
Maps and external instruments are operative. The Plan makes mapping instruments and external State SEPPs operative elements of the decision framework (cl 1.7; cl 1.9). Many operational effects hinge on the Lot Size Map, Land Zoning Map and Natural Resource maps. The Plan’s text frequently defers to maps and to other instruments for thresholds and detailed tests, so a thorough spatial check is essential before advising clients.
Suspension of covenants is limited. Clause 1.9A suspends private agreements and covenants to the extent necessary to allow development under the Plan, but it explicitly excludes covenants imposed by Council, certain Crown instruments, conservation agreements and planning agreements (cl 1.9A(2)). That means applicants may anticipate a suspension but still be blocked by an excluded instrument. The clause also preserves public authority rights under registered instruments (cl 1.9A(3)).
Exceptions to development standards have constraints and a record requirement. The exceptions clause (cl 4.6) permits consent authorities to approve development that contravenes a development standard provided the applicant demonstrates the compliance is unreasonable or unnecessary and there are sufficient environmental planning grounds (cl 4.6(3)). However the consent authority must keep a record of that assessment (cl 4.6(4)). There are explicit limits on using this clause to subdivide certain rural and conservation lands into lots below minimums for multiple lots or below 90% of the minimum (cl 4.6(6)). The exceptions route therefore is discretionary and administratively weighty.
Heritage and Aboriginal engagement can be procedural gatekeepers. For development affecting archaeological sites, nominated State heritage items or Aboriginal places of heritage significance, the Plan mandates notification to the Heritage Council and/or local Aboriginal communities and requires the consent authority to take responses into account within set periods (cl 5.10(7)-(9)). The consent authority may also require heritage management documents or conservation management plans before granting consent (cl 5.10(5)-(6)). This creates potential delay, additional compliance costs and constraint on design.
Flood planning requires external guideline considerations. Clause 5.21 obliges consent authorities to consider the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual when determining development in flood planning areas (cl 5.21(4)-(5)). Applicants should anticipate hydrological assessments and climate-change projections being required. The Plan’s flood-related tests include effects on evacuation routes and cumulative flood behaviour (cl 5.21(2)(b)-(c), (3)(a)), which can be high-threshold planning considerations.
Blank or “not adopted” standards. Several standard LEP elements are explicitly “not adopted” in this Plan, such as height of buildings (cl 4.3), floor space ratio (cl 4.4), and certain architectural roof features or development below mean high water mark (cl 5.6, cl 5.7). The absence of local numeric controls for height and FSR means either that State policy or development control plans may supply the missing detail, or that some design matters are left for development control plans or the consent authority’s discretion. Practitioners should not assume default numeric controls exist locally.
Music protections limit grounds to refuse licensed premises. Clause 5.20 prevents consent authorities from refusing consent for licensed premises on certain subjective grounds about music and performance (genre, live versus amplified, presence of a dance floor and similar matters) and requires refusal on noise grounds only where noise cannot be managed to an acceptable level (cl 5.20(1)-(2)). Applicants and objectors must structure noise impact assessments accordingly.
Subdivision and dwelling traps. Part 4 contains detailed subdivision and dwelling rules that interact with maps and special cases. For example, subdivision creating separate lots for principal and secondary dwellings is forbidden unless resulting lots meet minimum sizes on the Lot Size Map (cl 2.6(2)). Community title and strata subdivisions are subject to separate rules (cl 4.1AA, cl 4.2A). Boundary adjustments are permitted in certain zones but the consent authority must be satisfied that no additional dwellings or opportunities for dwellings are created (cl 4.2D(3)-(5)).
Aquaculture and intensive livestock limits. Aquaculture is tightly regulated in Schedule 6 and cl 5.19. Extensive pond-based aquaculture may be permitted without consent in specified rural zones if the Part 2 requirements of Schedule 6 are satisfied (cl 5.19(4)). Intensive livestock agriculture has locational and capacity thresholds where consent is not required, but the Plan also lists location exclusions such as 100 metres from natural watercourses and minimum separation distances between poultry and pig farms (cl 5.18(4)-(5)). Non-compliance can trigger permit requirements under other Acts referenced in the clauses.
Public land classification changes can discharge trusts. Clause 5.2 and Schedule 4 enable land to be reclassified as operational, which may discharge trusts affecting public reserves except where specified exemptions apply (cl 5.2(5)). The Governor’s approval is required in some circumstances as noted in the Plan. That can change the permissible future uses and the availability of land for sale or development and can create stakeholder contention.
How to comply
A practical compliance pathway requires mapping, statutory checks, early engagement with the consent authority and relevant agencies, and preparation of the technical documents the Plan identifies as necessary. The following steps are grounded in the Plan’s clauses.
Identify the applicable mapping layers and zoning. Start with the Land Application Map and the Land Zoning Map (cl 1.3; cl 2.2). Confirm the Lot Size Map, Natural Resource maps (Terrestrial Biodiversity, Wetlands, Watercourse) and the Heritage Map (Schedule 5, cl 5.10) to identify any mapped constraints that apply to the site.
Determine the planning pathway. Check the Land Use Table for the site’s zone to see whether the proposed use is permitted without consent, permitted with consent, or prohibited (cl 2.3; Land Use Table). If the use is listed as exempt in Schedule 2 and meets the Schedule’s standards and exclusions, development may proceed as exempt development (cl 3.1). If the development is listed in Schedule 3 and meets the deemed-to-satisfy standards, consider a complying development certificate (cl 3.2). Otherwise prepare a development application.
Confirm building and other technical compliance. For exempt and complying development, meet the Building Code of Australia requirements and any BASIX commitments where applicable (cl 3.1(3)(a); cl 4.6(8)(b)). For unsewered sites, obtain council approval for on-site effluent systems when complying development is proposed (cl 3.2(3)(c)).
Read special-purpose clauses early. If the site is within:
A heritage item or heritage conservation area, prepare heritage management documentation or a heritage conservation management plan if the consent authority requires it, and plan for notification to the Heritage Council or Aboriginal communities (cl 5.10(4)-(9); Schedule 5).
A river front area, riparian land, or the bed and banks of the Murray River, ensure the design meets the Plan’s ecological and public access tests and that the development avoids locations such as outside bends and does not create more than one mooring per lot (cl 7.6-7.8).
An area identified for Terrestrial Biodiversity or Wetlands, prepare ecological assessments demonstrating avoidance, minimisation or mitigation of impacts as required (cl 7.4-7.5; cl 3.3).
A flood planning area, commission hydrological, flood risk and evacuation assessments and address the Considering Flooding Guideline matters (cl 5.21).
For subdivisions and dwellings, verify lot sizes and applicable exemptions. Apply cl 4.1 and related clauses: check the Lot Size Map for minimum sizes. If considering community title, strata, boundary adjustments or rural subdivision, apply the specific clauses (4.1AA, 4.2A, 4.2D, 4.2). If seeking an exception to a development standard, prepare the s 4.6-style written justification and the statutory documentation required by the regulations (cl 4.6(3) and notes).
For industry-specific proposals, follow the sector rules:
Aquaculture: comply with cl 5.19 and Schedule 6 site and operational requirements; if planning pond-based aquaculture that is “extensive” in specified rural zones, check whether Part 2 of Schedule 6 allows the activity without consent and ensure flood and conservation exclusion rules are met (cl 5.19; Schedule 6).
Intensive livestock: confirm capacity thresholds and location exclusions in cl 5.18 and prepare environmental assessment material addressing odour, water pollution, soil degradation and codes of practice (cl 5.18(3)-(5)).
Licensed premises: prepare noise and amenity management plans cognisant of the Plan’s protections for music and performance (cl 5.20).
Engage early with the consent authority and relevant agencies. The Plan anticipates consultation and certification steps that can delay decisions. For urban release subdivisions, secure the Director-General certification of infrastructure arrangements prior to seeking subdivision consent (cl 6.1). For heritage or Aboriginal places, allow the 28 day notice periods and for World Heritage sites allow the 60 to 120 day consultation period with the World Heritage Advisory Committee (cl 5.10(7)-(9); cl 7.11(6)). If a development requires licences or approvals under other legislation, provide details of those authorities as part of the DA (cl 5.17(4)(b)).
Build documentation to satisfy the consent authority’s matters of satisfaction. The Plan enumerates many matters the consent authority must be satisfied about before it can grant consent: ecological impacts (cl 7.4), essential services availability (cl 7.2), flood safety and evacuation (cl 5.21), waste and environmental management for eco-tourist facilities (cl 5.13). Prepare statements of environmental effects, heritage impact statements, management strategies and any other management plans the Plan permits or requires.
Account for covenant and instrument interaction. Where private covenants or registered instruments exist, review cl 1.9A to see whether suspension might be available for the proposed development and confirm whether any listed exclusions apply. Do not assume covenants can be suspended where they are council-imposed or are the subject of Crown or conservation instruments (cl 1.9A(2)).
Record-keeping and administrative compliance. Be prepared to supply the consent authority with required technical reports and to maintain records necessary for any cl 4.6 exception assessments and heritage consultation processes. The consent authority is required to keep a record of its assessment under cl 4.6(4), and applicants should provide clear evidence to support grounds for departures, environmental mitigation and service provision.
In short, compliance requires mapping verification, identification of the correct planning pathway, engagement with technical and statutory tests set out in the LEP clauses, and early engagement with Council and other statutory agencies. The Plan embeds specific preconditions and consultation steps; failure to address those will commonly delay or prevent approval.
Notes in this Plan are provided for guidance and do not form part of this Plan.
1 Consent authority
1 Consent authority
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1 Maps
1 Maps
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 Repeal of planning instruments applying to land
1 Repeal of planning instruments applying to land
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.
Note.
The following local environmental plans are repealed under this provision—
Wentworth Local Environmental Plan 1993
(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.
1 Savings provision relating to development applications
1 Savings provision relating to development applications
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.
(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—
1 Suspension of covenants, agreements and instruments
1 Suspension of covenants, agreements and instruments
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
Part 2 Permitted or prohibited development
Part 2 Permitted or prohibited development
2 Land use zones
2 Land use zones
2.1 Land use zones
The land use zones under this Plan are as follows—
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2 Zone objectives and Land Use Table
2 Zone objectives and Land Use Table
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.
2
1
Schedule 1 sets out additional permitted uses for particular land.
2
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.
2
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
2
4
Clause 2.6 requires consent for subdivision of land.
2
5
Part 5 contains other provisions which require consent for particular development.
2 Unzoned land
2 Unzoned land
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 Additional permitted uses for particular land
2 Additional permitted uses for particular 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 Subdivision—consent requirements
2 Subdivision—consent requirements
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.
2
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
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 Demolition requires development consent
2 Demolition requires development consent
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, as exempt development, the Act enables it to be carried out without development consent.
2 Temporary use of land
2 Temporary use of land
2.8 Temporary use of land
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
(3) Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5) Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
2 Canal estate dev
This is an opening excerpt, not the complete document.