FAQs
- Murray Local Environmental Plan 2011
- Wakool Local Environmental Plan 2013
What is a Planning Proposal?
A planning proposal is a request to amend the planning controls and/or zoning of land within a Local Environmental Plan.
What is a Local Environmental Plan (LEP)?
An LEP is an Environmental Planning Instrument prepared by a Council, in consultation with their community and approved by the Minister for Planning (or their delegate). It includes development standards that aim to guide the future development of land and the management of environmental, social, economic, heritage and cultural resources for the benefit of present and future generations.
We currently have two LEPs that cover Murray River Council:
A new, single whole-of-council LEP has been drafted and will soon be available for public consultation.
How can I get involved?
Public consultation for this proposal will be open from 22nd January 2021 to 15 March 2021. We will also be holding a public hearing on 19 April 2021 where the community will have an opportunity to get engaged in the reclassification process.
To make a submission or ask us a question, please head to the submission tabs on our homepage. To chat with us about the proposal please see the "who's listening" tab.
What is a Public Hearing
A public hearing is a forum held to give our community an opportunity to provide feedback specifically on the reclassification of land. Under the relevant legislation[i] Council must hold a public hearing regarding the proposed reclassification of community land. This hearing must also be chaired by an independent facilitator. This gives the community a chance to share their thoughts with a person independent from Council in an open style setting.
[i] See Sections 29 and 47G of the Local Government Act 1993
What does "reclassification of land" mean?
There are two classifications of public land – “community” and “operational”. Community land is managed by Council and includes areas like parks and sporting fields (among other things)[i]. Operational land is public land which facilitates the operations of Council. Community land cannot be sold, exchanged or disposed of[ii] without following the due process for reclassification to operational land[iii].
[i] See Division 1 of Part 2 of Chapter 6 of the Local Government Act 1993
[ii] See Section 45 of the Local Government Act 1993
[iii] See Sections 27-33 of the Local Government Act 1993 and Division 3.4 of the Environmental Planning and Assessment Act 1979
Why is a public hearing being held?
When Council lodges a proposal with the State Government (DPIE) for assessment, the ‘Gateway Determination’ issued under that process must determine if a ‘public hearing’ is to be held in relation to that planning proposal[i]. Due to the nature of this proposal (the reclassification of community land) a public hearing is a required step in the public consultation process, as set out in the Gateway Determination. A copy of the Gateway Determination is available on Council’s website, and Your Say page. See Item 5 of the Gateway Determination.
[i] See Section 3.34(e) of the Environmental Planning and Assessment Act 1979
When and where will the public hearing for this proposal be held?
The hearing will be held on Monday 19th April 2021, at 6pm, in the ‘Tataila Room’ of the Rich River Golf Club, Moama.
The Rich River Golf Club is located on Twenty Four Lane, Moama
How will the Public Hearing be advertised?
In accordance with the relevant legal requirements[i] the date of the public hearing must be publicly advertised for a minimum of 21 days after the consultation period for the proposal has ended. This allows the person chairing the hearing sufficient time to consider written submissions and all issues raised during the consultation period. This planning proposal was advertised from 22nd January 2021 until 15th March 2021. The notice of advertisement for the public hearing will be printed in the Monday 22nd March 2021 edition of the Riverine Herald. The public hearing notice will also appear on Council’s ‘Your Say’ page, Facebook page, and website from that same date.
[i] See Practice Note PN 16-001 included in the Key Documents menu of our Your Say page
Will I need to register to attend the Public Hearing?
Yes, registration will be required. Our community’s safety is our top priority. Under the current COVID safe requirements, we will be maintaining a register of participants to ensure contract tracing may be undertaken if required. You will also be required to adhere to the Rich River Golf Club’s requirements for entry. The forum will be conducted to comply with ‘one person per 2m2’ social distancing requirements. Based on the capacity of the room, attendance numbers will be capped at 100 to ensure that we are able to conduct the forum safely.
To register for attendance, please use the registration tool on Council’s ‘Your Say’ page, contact Council on 1300 087 004 during normal business hours, or email admin@murrayriver.nsw.gov.au
How do I register for the Public Hearing?
To register for attendance, please use the registration tool on Council’s ‘Your Say’ page, contact Council on 1300 087 004 during normal business hours, or email admin@murrayriver.nsw.gov.au Each individual attending the Hearing must register separately.
Who conducts the Public Hearing?
An independent chairperson conducts the public hearing and provides a report to Council with recommendations on the proposed reclassification of community land. Under the relevant legislation[i] the person presiding at a public hearing must not be:
a. A Councillor or employee of the Council holding the public hearing.
b. A person who has been a Councillor or employee of that Council at any time during the five years before the date of his or her appointment.
[i] Section 47G of the Local Government Act 1993
Is there an opportunity for me speak at the Hearing?
Yes! The facilitator will seek your thoughts at the hearing and attendees will be encouraged to participate in an open style forum. If you would like opportunity to formally present at the Hearing, that option is also available to you. To present at the Hearing, please register to attend using our ‘Your Say’ page and use the tools to indicate that you would like to make a presentation at the Hearing. Alternatively, if you are registering via email or phone, please indicate at that time that you would like the opportunity to address the forum.
What happens after the Public Hearing?
After the Public Hearing, the independent chairperson provides a report to Council with recommendations on the proposed reclassification of community land. Council must make a copy of that report available for inspection by the public no later than four days after it has received the final report from the person presiding at the public hearing. This report will be presented to Council for their information when it considers reclassifying community land as part of the process of adopting the Planning Proposal. A copy will also be provided to the State Government (DPIE) for their consideration. We note that there will not be a separate consultation period regarding the findings of the hearing.
Recording of the Hearing and the capture of photographs
We may be recording the Hearing to ensure we have captured everyone’s comments accurately. This recording will not be made available to the public at any point and is purely for accuracy, and Council’s records. We may also be taking photographs throughout the evening, however you can opt out of being in any photos if you wish.