New South Wales Consolidated Regulations

MUSWELLBROOK LOCAL ENVIRONMENTAL PLAN 2009 - REG 1.9A

1.9A Suspension of covenants, agreements and instruments

(1) For the purpose of enabling development on land within 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 prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989 , 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 Division 6 of Part 4 of the Act.

(3) This clause does not affect the rights or interests of any public authority under any registered instrument.

(4) Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)-(3).