New South Wales Repealed Regulations

This legislation has been repealed.

ORANGE LOCAL ENVIRONMENTAL PLAN 2000 - REG 31

31 Minimum allotment sizes in rural areas

(1) Land in Zone 1 (a) or 1 (c) may be subdivided if each allotment created has an area not less than the area specified for each zone as follows:

Zone	Minimum area of allotment
1 (a)	100 hectares (subject to subclauses (2) and (3))
	40 hectares (if subclause (2) applies)
	16 hectares (if subclause (3) applies)
1 (c)	2 hectares (subject to subclause (5))

(2) Land in Zone 1 (a) may be subdivided to create an allotment of less than 100 hectares but not less than 40 hectares if:

(a) the consent authority is satisfied the allotment will be used for the purpose of agriculture, and

(b) the consent authority is satisfied that the proposed allotment will be used for sustainable agricultural production in accordance with a farm plan, and

(c) the applicant demonstrates to the consent authority that the creation of the allotment will not diminish the potential of the land or any other land to be used for agriculture.

(3) Land in Zone 1 (a) may be subdivided to create an allotment of less than 40 hectares but not less than 16 hectares if:

(a) the consent authority is satisfied the allotment will be used for the purpose of agriculture comprising horticulture or viticulture, and

(b) the allotment is being used, or arrangements have been made to the satisfaction of the consent authority for the use of the allotment as a productive horticultural or viticultural enterprise that is or will contribute to the agricultural output of the area, and

(c) the applicant demonstrates to the consent authority that the creation of the allotment will not diminish the potential of the land or any other land to be used for agriculture.

(4) Land in Zone 1 (a) may be subdivided to create an allotment of any area if the consent authority is satisfied that the allotment will be used for a purpose permitted on the land, other than agriculture or dwellings.

(5) Land in Zone 1 (c) may be subdivided to create allotments with areas of less than 2 hectares where the average area of the lots to be created is not less than 2 hectares if the consent authority is satisfied that:

(a) the lots will be used for the purpose of dwelling houses, and

(b) each lot can sustain a dwelling house, taking into account the suitability of the land for construction and sewage management systems, and

(c) the lot layout provides for the rural character of the area and remnant bushland, if any, to be conserved.

(6) For the purposes of subclause (5), the average area of lots to be created by a staged subdivision is to be determined by reference to all lots to be created by all stages of the subdivision.