Part 6 Reference Material

Transcription

1 Part 6 of this DCP provides: Part 6.1 provides a summary of the legislation, documents, maps and Statutory Authorities referred to throughout the DCP. These are mainly sourced from Part 2 General Principles of Development and Part 3 Specific Principles of Development. Parts 6.2 and 6.3 provide a summary of State Environmental Planning Policies (SEPPs) and Regional Environmental Plans (REPs) that are applicable to Lake Macquarie Local Government Area. The full content of these policies are available in the Environmental Planning and Assessment Act 1979 (Consolidated Regulations), at s Administration Centre, in libraries or on line at References LEGISLATION TITLE AUTHOR/ FURTHER PUBLISHER INFORMATION Community Land Development Act 1989 NSW Government Community Land Management Act 1989 NSW Government Contaminated Land Management Act 1997 NSW Government Crown Lands Act 1989 NSW Government Environmental Planning and Assessment Act 1979 NSW Government Environment Protection and Biodiversity Commonwealth Conservation Act 1999 Government Shops and Industries Act 1962 NSW Government Hunter Regional Environmental Plan 1989 Hunter Regional Environmental Plan (Heritage) 1989 NSW Government Local Government Act 1993 NSW Government Local Government (Caravan Parks, Camping Grounds & Moveable Dwelling) Regulation 1995 NSW Government National Parks and Wildlife Act 1974 NSW Government Native Vegetation Conservation Act 1997 NSW Government Noxious Weeds Act 1993 NSW Government Protection of the Environment Operations Act 1997 NSW Government Rivers and Foreshores Improvements Act 1948 NSW Government Rural Fires Act 1997 NSW Government Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 NSW Government au Part 6 Reference Material Page 1 F2011/00731 Adopted by 10 February 2014

2 TITLE Strata Schemes (Freehold Development) Act 1973 Strata Schemes (Leasehold Development) Act 1986 Strata Schemes (Leasehold Development) Amendment Act 1999 Strata Schemes Legislation Amendment (Strata Approvals) Act 1999 Strata Schemes Legislation Amendment Act 2001 Strata Schemes Management Act 1996 AUTHOR/ PUBLISHER NSW Government FURTHER INFORMATION Telecommunications Act 1997 Commonwealth Government Threatened Species Conservation Act 1995 NSW Government Water Management Act 2000 NSW Government Aboriginal Cultural Heritage Standards Guidelines Kit. Acid Sulfate Soils Planning Manual, 1998 Australian Code for the Transport of Dangerous Goods by Road and Rail: Sixth Edition Australian Model Code for Residential Development (AMCORD), 1995 Australian Rainfall and Run-off, Institute of Engineers Australia, 1998 AS3959 Building in Bushfire Prone Areas, 2000 AS Storage and Handling of Liquefied Petroleum Gas (LPG), 1999 AS1428 Design for Access and Mobility Part 1 General Requirements for Access New Building Work, 1998 Part 2 Enhanced and additional requirements Buildings and Facilities, 1992 DOCUMENTS National Parks and Wildlife Service (NPWS). Author: New South Wales Acid Sulfate Soils Management Advisory Committee. Publisher: NSW Agriculture. Commonwealth Department of Transport and Regional Development and Local Government Commonwealth Department of Housing & Regional Development Institute of Engineers Australia. ov.au No longer published. E.A. Books Level 4/2 Ernest Place Crows Nest Page 2 F2011/00731 Adopted by 10 February 2014

3 AS1428 Design for Access and Mobility (Cont.) Part 3 Requirements for children and adolescents with physical disabilities, 1992 Part 4 - Tactile ground surface indicators for the orientation of people with vision impairment, 1995 AS1940 Storage and Handling of Flammable and Combustible Liquids, 1993 AS Parking Facilities Off Street Car Parking, 1993 AS3671 Acoustics Road Traffic Noise Intrusion Building Siting and Construction, 1989 AS2107 Acoustics Recommended Design Sound Levels and Reverberation Times for Building Interiors, 2000 AS National Plumbing and Drainage Water Supply Acceptable Solutions, 1998 AS3598 Energy Audits, 2000 Better Urban Living Guidelines for Urban Housing in NSW Building Code of Australia (BCA) Tree Preservation and Management Guidelines, 2006 City of Lake Macquarie Heritage Study Volumes 1 3, 1993 Coastline Management Plan, 1999 Consideration Of Rail Noise And Vibration In The Planning Process, 2003 Dora Creek Floodplain Management Plan, 1998 Energy Efficiency for Residential and Commercial Development Design Guidelines, 2006 Floodplain Development Manual, 2005 Flora and Fauna Guidelines, 2001 DOCUMENTS Author DUAP, NSW Government Architect Publisher DUAP & DPWS March 1998 Australian Building Codes Board. Author Suters Architects Snell. Publisher.. Rail Infrastructure Corporation and the State Rail Authority.. Department of Water and Energy. Rail Corp 18 Lee Street Chippendale NSW Page 3 F2011/00731 Adopted by 10 February 2014

4 Foreshore Stabilisation and Rehabilitation Guidelines, 2006 DOCUMENTS. Fossil Insects of Belmont NSW Knight O Guide to Traffic Generating Development: Issue 2, 1993 Guidelines on Integrated Development and the Rivers and Foreshores Improvement Act, 1948 Heritage Guidelines, 2004 Lake Macquarie Bushfire Risk Management Plan Lake Macquarie Local Environmental Plan (LEP), 2004 Lake Macquarie Recreation and Open Space Plan: Scenic Quality Plan, 1997 Lake Macquarie Wetlands Management Study, 1998 Landscape Design Guidelines, 2006 Lifestyle 2020 A Strategy for Our Future, draft 1999 Lifestyle 2020 Strategy, 2000 Managing Land Contamination Planning Guidelines, 1998 Managing Urban Stormwater Soils and Construction: Third Edition, 1998 Manly DCP for the Residential Zone NSW EPA Industrial Noise Policy, 1999 NSW Heritage Manual Planning for Bushfire Protection Planning Guidelines : Separating Agricultural and Residential Land Uses, 1997 Roads and Traffic Authority (RTA). Department of Water and Energy.. Author Clouston Publisher Author Shortland Wetland Centre. Publisher.... Department of Planning and Environmental Protection Authority (EPA). NSW Department of Housing and Resitech Manly October 2001 Environmental Protection Authority (EPA). New South Wales Heritage Office. New South Wales Rural Fire Service, and Planning NSW Department of Natural Resources Queensland and Department of Local Government and Planning Record of the Australian Museum 22(3), RTA Traffic Technology Branch now out of print but individual guideline documents are available Page 4 F2011/00731 Adopted by 10 February 2014

5 Rail Related Noise and Vibration: Issues to Consider in Local Environmental Planning Development Applications and Building Applications 1995 RTA Road Design Guide. Scenic Management Guidelines, 2004 Social Plan, Soil Landscapes of the Gosford- Lake Macquarie 1: Sheet Report, Department of Land and Water Conservation, 1993 Solar Access for Lots: Guidelines for Residential Subdivision in NSW Stormwater Treatment Framework and Stormwater Quality Improvement Device Guidelines, 2003 Volume 2 Engineering Guidelines 2003 Water Cycle Management Guidelines, 2006 Willoughby City draft DCP 30 Environmental Sustainability DOCUMENTS State Rail Authority (SRA) Roads and Traffic Authority (RTA)... Author: Murphy, C.L. Publisher: Department of Land and Water Conservation (DLWC) Sustainable Energy Development Authority.. Willoughby City 2002 SRA Rail Estate Newcastle Office PO Box 612 Newcastle 2300 RTA Road Designs & Policy Standards au Page 5 F2011/00731 Adopted by 10 February 2014

6 TITLE Acid Sulfate Soil Planning Maps, 1997 Bushfire Prone Land Map (contained within Lake Macquarie Bushfire Risk Management Plan) Coastal Zone and Indicative Sensitive Coastal Location Map (2005) Dora Creek Floodplain Maps, 1998 (contained within Dora Creek Floodplain Management Plan, 1998) Lake Macquarie Local Environmental Plan (LEP) Maps, 2004 Lifestyle 2020 Strategy Green System Map, 2000 (contained within Lifestyle 2020 Strategy, 2000) Lifestyle 2020 Strategy Movement System Map, 2000 (contained within Lifestyle 2020 Strategy, 2000) Lifestyle 2020 Strategy Urban Structure Map, 2000 (contained within Lifestyle 2020 Strategy, 2000) Mine Subsidence Districts Map, Updated periodically Lake Macquarie Native Vegetation and Corridor Maps Regional Biodiversity Conservation Strategy Vegetation Mapping, Residential Development, DCP No.1 Scenic Management Zone Maps, 2004 (contained within Scenic Management Guidelines, 2013) Soil Landscape Series Maps, 1993 MAPS AUTHOR/ PUBLISHER Department of Land and Water Conservation (DLWC) Mine Subsidence Board. The Lower Hunter Central Coast Regional Environmental Management Strategy. Bankstown City 1 June Department of Land and Water Conservation (DLWC). FURTHER INFORMATION soil/ssu/assorder.htm Project Coordinator, Sophie Powrie Bankstown City Page 6 F2011/00731 Adopted by 10 February 2014

7 STATUTORY AUTHORITIES NAME ADDRESS PHONE WEB SITE Suit King Street NEWCASTLE WEST NSW Department of Natural Resources (DNR)(Newcastle Office) NSW Department of Primary Industries (Mineral Resources) (Hunter Valley Office) NSW Department of Planning (Hunter Regional Office) NSW Department of Environment and Climate Change (Newcastle Office) Hunter Water Corporation (HWC) (Lake Macquarie Office) Mine Subsidence Board (MSB) (Lake Macquarie Office) NSW Department of Primary Industries (Fisheries) (Hunter Office) NSW Heritage Office (Head Office) NSW Rural Fire Service (Head Office) NSW Workcover Authority (Regional Office) Roads and Traffic Authority (RTA) (Regional Office) Standards Australia (Newcastle Office) Waterways Authority of NSW (Regional Office) 516 High St, MAITLAND Suite 6, 464 King Street, NEWCASTLE WEST 117 Bull Street, NEWCASTLE WEST 143 Main Road BOOLAROO 143 Main Road BOOLAROO 55 Lambton Parade SWANSEA 2-10 Wentworth Street PARRAMATTA 15 Carter Street HOMEBUSH BAY NSW 956 Hunter Street NEWCASTLE 59 Darby Street NEWCASTLE 475 Hunter Street NEWCASTLE 8 Cowper Street CARRINGTON rals v.au ries au au Page 7 F2011/00731 Adopted by 10 February 2014

8 6.2 Summary of State Environmental Planning Policies NAME SEPP 1 Development Standards SEPP 4 Development Without Consent and Miscellaneous Complying Development SEPP (Housing for Seniors or People with Disability) 2004 DESCRIPTION It is a State policy to enable flexibility in the application of planning controls where strict compliance with development standards is unreasonable or unnecessary. permit development for a purpose that is of minor environmental significance, development for certain purposes by public utility undertakings, and development on certain land reserved or dedicated under the National Parks and Wildlife Act Is a State policy that aims to encourage the provision of housing (including residential care facilities) and that will: increase the supply and diversity of residences that meet the needs of seniors or people with a disability, and make efficient use of existing infrastructure and services, and be of good design. These aims will be achieved by: setting aside local planning controls that would prevent the development of housing for seniors or people with a disability that meets the development criteria and standards specified in this Policy, and setting out design principles that should be followed to achieve built form that responds to the characteristics of its site and form, and ensuring that applicants provide support services for seniors or people with a disability for developments on land adjoining land zoned primarily for urban purposes. SEPP 6 Number of Storeys in a Building SEPP 8 Surplus Public Land SEPP 9 Group Homes SEPP 10 Retention of Low Cost Rental Accommodation. SEPP 11 Traffic Generating Development SEPP 14 Coastal Wetlands SEPP 15 Rural Landsharing Communities Specify the manner in which a building s number of storeys, floors or levels that control the buildings height, is determined, Facilitate the erection of buildings that conform to the topography of the land on which the buildings are erected, and Modify, in certain cases, the meaning of each of the words storey, floor and level. REPEALED by SEPP (Infrastructure) 2007 REPEALED by SEPP (Infrastructure) 2007 Is a State policy to provide a mechanism for the retention of low-cost rental accommodation. The applicant must demonstrate that where this accommodation type is being removed adequate equivalent accommodation exists in the locality. REPEALED by SEPP (Infrastructure) 2007 Is a State policy to ensure that the coastal wetlands are preserved and protected in the environmental and economic interests of the State. Encourage and facilitate the development of rural landsharing communities committed to environmentally sensitive and sustainable land use practices, Enable: Page 8 F2011/00731 Adopted by 10 February 2014

9 NAME DESCRIPTION people to collectively own a single allotment of land and use it as their principle place of residence, the erection of multiple dwellings on the allotment and the sharing of facilities and resources to collectively manage the allotment, the pooling of resources, particularly where low incomes are involved, to economically develop a wide range of communal rural living opportunities, including the construction of low cost buildings, and Facilitate development, preferably in a cluster style. SEPP 16 Tertiary Institutions SEPP 19 Bushland in Urban Areas REPEALED by SEPP (Infrastructure) 2007 Is a State policy to protect and preserve bushland within urban areas because of its: value to the community as part of the natural heritage, and aesthetic value, and value as a recreational, educational and scientific resource. And specifically to, protect the remnants of plant communities that were once characteristic of land now within an urban area, retain bushland in parcels of a size and configuration that will enable the existing plant and animal communities to survive in the long term, protect rare and endangered flora and fauna species, protect habitats for native flora and fauna, protect wildlife corridors and vegetation links with other nearby bushland, protect bushland as a natural stabiliser of the soil surface, protect bushland for its scenic values and to retain the unique visual identity of the landscape, and protect significant geological features, protect existing landforms, such as natural drainage lines, watercourses and foreshores, protect archaeological relicts, protect the recreational potential of bushland, protect the educational potential of bushland, maintain bushland in locations that are readily accessible to the community, and promote the management of bushland in a manner that protects and enhanced the quality of bushland and facilitates public enjoyment of the bushland compatible with its conservation. SEPP 21 Caravan Parks Is a State policy to encourage the: orderly and economic use and development of land used or intended to be used as a caravan park catering exclusively or predominantly for short-term residents, such as tourists, or for long-term residents, or catering for both, and proper management and development of land so used, for the purpose of promoting the social and economic welfare of the community, and provision of community facilities for land so used, and protection of the environment of, and in the vicinity of, land so used, Page 9 - F2011/00731 Adopted by 10 February 2014

10 NAME Continued SEPP 22 Shops and Commercial Premises SEPP 26 Littoral Rainforests SEPP 30 Intensive Agriculture SEPP 32 Urban Consolidation (Redevelopment of Urban Land) DESCRIPTION And to ensure that: before granting consent to the use of land for the purposes of a caravan park, s have considered whether: the land is particularly suitable for use as a caravan park for tourists or for long-term residence, there is adequate provision for tourist accommodation in the locality of that land, there is adequate low-cost housing, or land available for low-cost housing, in that locality, necessary community facilities and services are available, and before granting consent to the use of land for the purposes of a caravan park, s are satisfied that the development would comply with the Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation Is a State policy to permit within a business zone: the change of use, of a building lawfully used for a particular kind of commercial premises, to another kind of commercial premises or to a shop, or the change of use, of a building lawfully used for a particular kind of shop, to another kind of shop or to a commercial premises, Even though that change of use is prohibited under another environmental planning instrument, if, the consent authority is satisfied the change of use, will not have more than a minor environmental effect and meets the objectives of that zone, and development consent is obtained for the change of use from that consent authority. Is a State policy to provide a mechanism for the consideration of applications for development that is likely to damage or destroy littoral rainforest areas with a view to the preservation of those areas in their natural state. ensure development consent is obtained for cattle feedlots having a capacity to accommodate 50 or more heads of cattle, and piggeries having a capacity to accommodate 200 or more pigs or 20 or more breeding sows, provide for public participation in the consideration of development applications for cattle feedlots or piggeries of this size, and ensure that in determining a development application for cattle feedlots and piggeries of this size the following are taken into consideration: adequate information is provided, and the potential for odour, water pollution and soil degradation, and measure to mitigate potential adverse impacts, and measure the health and welfare of animals. promote the orderly and economic use and development of land by enabling urban land which is no longer required for the purpose for which it is currently zoned or used to be redeveloped for multi-unit housing and related development, and implement a policy of urban consolidation, which will promote the social and economic welfare of the State and a better environment. Page 10 F2011/00731 Adopted by 10 February 2014

11 NAME SEPP 33 Hazardous and Offensive Development SEPP Major Projects SEPP 35 Maintenance Dredging of Tidal Waterways SEPP 36 Manufactured Home Estates SEPP 37 Continued Mines and Extractive Industries DESCRIPTION It is a State policy to : ensure that in determining whether a development is a hazardous or offensive industry, any measures proposed to be employed to reduce the impact of the development are taken into account, ensure that in considering any application to carry out potentially hazardous or offensive development, the consent authority has sufficient information to assess whether the development is hazardous or offensive and to impose conditions to reduce or minimise any adverse impact, and require the advertising of applications to carry out such development. Is a State policy that aims: to identify development to which the development assessment and approval process under Part 3A of the Act applies, to identify any such development that is a critical infrastructure project for the purposes of Part 3A of the Act, to facilitate the development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance to the State so as to facilitate the orderly use, development or conservation of those State significant sites for the benefit of the State, to facilitate service delivery outcomes for a range of public services and to provide for the development of major sites for a public purpose or redevelopment of major sites no longer appropriate or suitable for public purposes, to rationalise and clarify the provisions making the Minister the approval authority for development and sites of State significance, and to keep those provisions under review so that the approval process is devolved to councils when State planning objectives have been achieved. REPEALED by SEPP (Infrastructure) 2007 facilitate the establishment of manufactured home estates as a contemporary form of medium density residential development that provides an alternative to traditional housing arrangements, provide immediate development opportunities for manufactured home estates, encourage the provision of affordable housing in well designed estates, ensure that manufactured home estates are situated only in suitable locations and not on land having important resources or having landscape, scenic or ecological qualities that should be preserved, ensure that manufactured home estates are adequately serviced and have access to essential community facilities and services, protect the environment surrounding manufactured home estates, and provide measures that will facilitate security of tenure for residents of manufactured home estates. REPEALED by SEPP (Mining, Petroleum Production and Extractive Industries) 2007 Page 11 F2011/00731 Adopted by 10 February 2014

12 NAME SEPP 44 Koala Habitat Protection SEPP 45 Permissibility of mining SEPP 48 Major Putrescible Landfill Sites SEPP 50 Canal Estates SEPP 55 Remediation of Land SEPP 64 Advertising and Signage DESCRIPTION Is a State policy to encourage the proper conservation and management of areas of natural vegetation that provide habitat for koalas to ensure a permanent free-living population over their present range and reverse the current trend of koala population decline: by requiring the preparation of plans of management before development consent can be granted in relation to areas of core koala habitat, by encouraging the identification of areas of core koala habitat, and by encouraging the inclusion of areas of core koala habitat in environment protection zones. REPEALED by SEPP (Mining, Petroleum Production and Extractive Industries) 2007 REPEALED by SEPP (Infrastructure) 2007 Is a State policy to prohibit canal estate development to ensure that the environment is not adversely affected by the creation of new developments of this kind. adopt a state wide planning approach to the remediation of contaminated land, and promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment by: specifying when consent is required, and when it is not required, for a remediation work, specifying certain considerations that are relevant in rezoning land and in determining development affiliations including for remediation, and requiring that a remediation work meet certain standards and notification requirements. Ensure that signage (including advertising): is compatible with the desired amenity and visual character of an area, and provides effective communication in suitable locations, and is of high quality design and finish, and Regulate signage (but not content) under Part 4 of the Environmental Planning and Assessment Act, and To provide time-limited consents for the display of certain advertisements. This Policy does not regulate the content of signage and does not require consent for a change in the content of signage. Page 12 F2011/00731 Adopted by 10 February 2014

13 NAME SEPP 65 Design Quality of Residential Flat Development SEPP 71 Coastal Protection DESCRIPTION Raise the design quality of residential flat development across the state through the application of a series of design principles. Provide for the establishment of Design Review Panels to provide independent expert advice to councils on the merit of residential flat development. The accompanying regulation requires the involvement of a qualified designer throughout the design, approval and construction stages for certain development types. Ensure that development in the NSW coastal zone is appropriate and suitably located Ensure that there is a consistent and strategic approach to coastal planning and management and a clear development assessment framework for the NSW coastal zone. The policy makes the Minister the consent authority for major high-risk development proposals in the coastal zone. This could include major development on or adjacent to coastal lake foreshores, coastal dune areas, nature reserves, and areas of high conservation and scenic value. SEPP 72 Linear Telecommunications Development - Broadband Building Sustainability Index: BASIX 2004 SEPP (Infrastructure) 2007 The policy applies to the coastal zone as defined by the Coastal Protection Act 1979 (includes all the coastal Local Government Areas). REPEALED by SEPP (Infrastructure) 2007 Is a State policy to encourage sustainable residential development. BASIX ensures new homes are designed and built to use less potable water and produce fewer greenhouse gas emissions. A development application for a residential dwelling must be submitted with a BASIX Certificate. A Certificate is issued once a BASIX assessment has been satisfactorily completed, using the on-line tool. Each development application must meet water and energy reduction targets. Refer to for current BASIX information and the on-line BASIX assessment tool. Is a State policy to facilitate the effective delivery of hospitals, schools, railways, roads, emergency services, water supplies, electricity delivery and other necessary services by; Improving regulatory certainty and efficiency through a consistent planning regime for infrastructure and the provision of services, and providing greater flexibility in the location of infrastructure and service facilities, and allowing for the efficient development, redevelopment or disposal of surplus government owned land, and identifying matters to be considered in the assessment of development adjacent to particular types of infrastructure development, and providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing. Page 13 F2011/00731 Adopted by 10 February 2014

14 NAME DESCRIPTION This policy repealed the following SEPPs relevant to the City of Lake Macquarie: SEPP 8 Surplus Public Land SEPP 9 Group Homes SEPP 11 Traffic Generating Development SEPP 16 Tertiary Institutions SEPP 35 Maintenance Dredging of Tidal Waterways SEPP 48 Major Putrescible Landfill Sites SEPP 72 Linear Telecommunications Development Broadband SEPP (Mining, Petroleum Production and Extractive Industries) 2007 Is a state policy to ensure the proper management and development of mineral, petroleum production, and extractive industries by; Establishing appropriate planning controls to encourage ecologically sustainable development through the environmental assessment, and sustainable management, of development of mineral, petroleum and extractive material resources, and the orderly and economic use and development of land containing mineral, petroleum and extractive material resources, and prohibit open cut mining within the local government area of Lake Macquarie, except in specific areas identified within the policy. This policy repealed SEPP 45 Permissibility of Mining. Page 14 F2011/00731 Adopted by 10 February 2014

15 6.3 Summary of Regional Environmental Plans NAME Hunter Regional Environmental Plan 1989 DESCRIPTION This plan comprises the 14 local government areas of the cities of Cessnock, Greater Taree, Lake Macquarie, Maitland, and Newcastle and the shires of Dungog, Gloucester, Great Lakes, Merriwa, Murrurundi, Muswellbrook, Port Stephens, Scone and Singleton. The aims and objectives of this plan are to: a. Promote the balanced development of the region the improvement of its urban and rural environments, and the orderly and economic development and optimum use of its land and other resources, consistent with conservation of natural and man made features and so as to meet the needs and aspirations of the community, b. Co-ordinate activities related to development in the region so there is optimum social and economic benefit to the community, c. Continue a regional planning process that will serve as a framework for identifying priorities for further investigations to be carried out by the department and other agencies. The following matters are detailed in the plan: a. Social Development housing health, education and community services b. Economic Development industrial development commercial development tourism c. Land Use and Settlement rural land urban land d. Transport roads, railways and public transport ports and airports e. Natural resources mineral resources and extractive materials soil, water and forest resources f. Environment Protection pollution control waste disposal environmental hazards tall buildings g. Conservation and Recreation natural areas recreation h. Miscellaneous Hunter Regional Environmental Plan 1989 (Heritage) The Hunter Regional Environmental Plan 1989 (Heritage) does not apply to land that Lake Macquarie LEP 2004 applies. Refer to clause 5 (3) in the Lake Macquarie LEP Page 15 F2011/00731 Adopted by 10 February 2014

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