New South Wales Consolidated Regulations

EUROBODALLA URBAN LOCAL ENVIRONMENTAL PLAN 1999 - REG 53

53 What development can be carried out on unzoned land?

(1) Land to which this plan applies that is not within a zone is called unzoned land for the purposes of this plan.

(2) Unzoned land may be developed for any purpose with the consent of the Council, except that aquaculture is prohibited in the waters of the following lakes:

• Coila Lake

• Brunderee Lake

• Tarouga Lake

• Brou Lake

• Mummaga Lake

• Kianga Lake

• Little Lake (Narooma)

• Bullengella Lake

• Nangudga Lake

• Nargal Lake

• Corunna Lake

• Tilba Tilba Lake

• Little Lake (Tilba).

(3) In considering whether to grant consent for development on unzoned land, the Council must consider:

(a) the zoning of adjoining land and whether or not the development would be allowed in that zone, and

(b) the impact of the proposed development on the pattern of land use in the vicinity and the amenity of the vicinity, and

(c) in the case of unzoned land that is below the mean high water mark of the ocean, an estuary, a tidal lake, an enclosed lake or a river:

(i) whether or not the proposed development would alienate the use of the waters of the ocean, estuary, lake or river from recreational uses, including recreational fishing, or from commercial fishing and, if so, whether there is sufficient area set aside in the locality for those uses to mitigate the adverse effect of the proposed development on those uses, and

(ii) the impact of the proposed development on the ecological integrity of the waterway and the ability of the waterway to continue to sustain multiple uses.

(4) The Council must not grant consent for development on unzoned land that would be prohibited in a zone adjoining the land, unless the Council is satisfied that the development would have little or no adverse effect on the amenity of the locality and the future pattern of development of adjoining land.