New South Wales Consolidated Regulations

OBERON LOCAL ENVIRONMENTAL PLAN 1998 - REG 12

12 Subdivision for the purpose of agriculture in Zone No 1 (a) or 1 (c)

(1) The Council may consent to the creation of an allotment within Zone No 1 (a) with an area of not less than 2 hectares that the Council considers will be used for the purpose of agriculture.

(2) The Council must not consent to the creation of an allotment within Zone No 1 (a) or 1 (c) if the allotment has an area of less than 2 hectares and there is a dwelling-house on the allotment.

(6) If the allotment excised is within or has a boundary adjoining or adjacent to the water body of Oberon or Ben Chifley Dam or any other water body specified in Schedule 1, consent must not be granted for:

(a) development within 100 metres of the water body, or

(b) septic effluent disposal within 200 metres of the water body unless geotechnical and hydrogeomorphological reports satisfy the Council that the land can sustain safe disposal within this area to the satisfaction of the Council.

(7) Before granting a consent for such a subdivision, the Council must take into account the objectives of this plan, the objectives of Zone No 1 (a) or 1 (c) (as the case may require) and clause 10.

Note: Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 enables subdivision of lots smaller than allowed by this plan for the purposes of primary production.