Central Darling Local Environmental Plan 2004 (Amendment No 1) (2010-706) LW 17 December 2010 (NSW)
2010 No 706
| New South Wales |
Central Darling Local Environmental
Plan 2004 (Amendment No 1)
under the
Environmental Planning and Assessment Act 1979
I, the Minister for Planning, make the following local environmental plan under the
Environmental Planning and Assessment Act 1979. (DUBO109098/PC-2)
TONY KELLY, MLC Minister for Planning
| Published LW 17 December 2010 | Page 1 |
| 2010 No 706 |
| Clause 1 | Central Darling Local Environmental Plan 2004 (Amendment No 1) |
Central Darling Local Environmental Plan 2004
(Amendment No 1)
under the
Environmental Planning and Assessment Act 1979
1 Name of Plan
This Plan is Central Darling Local Environmental Plan 2004
(Amendment No 1).
2 Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
3 Land to which Plan applies
This Plan applies to all the land to which Central Darling Local Environmental Plan 2004 applies and, in particular, to the land edged heavy black and marked “SP1 (Dugouts)” on the map marked “Central Darling Local Environmental Plan 2004 (Amendment No 1), Sheets 1–4” held in the office of Central Darling Shire Council.
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Central Darling Local Environmental Plan 2004 (Amendment No 1)
| Amendment of Central Darling Local Environmental Plan 2004 | Schedule 1 |
| Schedule 1 | Amendment of Central Darling Local Environmental Plan 2004 |
[1] Clause 2 Aims of plan
Insert at the end of clause 2 (h):
, and
(i) to permit compatible development and subdivision in the existing dugout area near the township of White Cliffs that will not adversely impact on the character of the locality or the township.
[2] Clause 3
Omit the clause. Insert instead:
3 Definitions
|
| (a) | a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and |
| (b) | a reference to a map is a reference to a map deposited in the office of the Council and available for inspection during office hours. |
| (3) | Notes in this plan are provided for guidance and do not form part of this plan. |
[3] Clause 6 Adoption of Model Provisions
| Omit “clause 3 of this plan” from clause 6 (1) (a). Insert instead “the Dictionary at the end of this plan”. |
[4] Clause 6 (2) (b)
| Omit “NSW Rural Fire Service”. Insert instead “Department of Rural Fire Service”. |
[5] Clause 8 Zones indicated on the map
Insert after the matter relating to Zone No 8 (a):
Zone SP1 Special Activities—edged heavy black and lettered
“SP1 (Dugouts)”
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[6] Clause 9 Zone objectives and Development Control Table
Insert after the heading “Development Control Table”:
Note. A type of development referred to in the Development Control Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this plan applies:
State Environmental Planning Policy (Affordable Rental Housing) 2009
(including provision for secondary dwellings)
State Environmental Planning Policy (Housing for Seniors or People with a
Disability) 2004
State Environmental Planning Policy (Infrastructure) 2007 (relating to public
facilities such as those for air transport, correction, education, electricity
generation, health services, ports, railways, roads, waste management and
water supply systems)
State Environmental Planning Policy (Mining, Petroleum Production and
Extractive Industries) 2007
State Environmental Planning Policy (Rural Lands) 2008
State Environmental Planning Policy No 33—Hazardous and Offensive
Development
State Environmental Planning Policy No 50—Canal Estate Development
State Environmental Planning Policy No 62—Sustainable Aquaculture
State Environmental Planning Policy No 64—Advertising and Signage
[7] Clause 9, Development Control Table
Omit “agriculture (other than irrigated agriculture); farm buildings; forestry (other than pine plantations); low impact opal mining” from item 2 of the matter relating to Zone No 1 (a).
Insert instead “environmental protection works; extensive agriculture; farm buildings; forestry (other than pine plantations); home occupations; roads”.
[8] Clause 9, Development Control Table
| Omit the matter contained in item 3 of the matter relating to Zone No 1 (a). Insert instead: |
Development for the purpose of:
neighbourhood shops; any other development not included in
item 2 or 4.
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[9] Clause 9, Development Control Table
Omit “motor showrooms; residential flat buildings; shops (other than general stores)” from item 4 of the matter relating to Zone No 1 (a).
Insert instead “dugouts; multi dwelling housing; residential flat buildings; shops; vehicle sales or hire premises”.
[10] Clause 9, Development Control Table
Omit “agriculture (other than irrigated agriculture)” from item 2 of the matter relating to Zone No 1 (c).
Insert instead “extensive agriculture; home occupations”.
[11] Clause 9, Development Control Table
| Omit the matter contained in item 3 of the matter relating to Zone No 1 (c). Insert instead: |
Development for the purpose of:
intensive plant agriculture; neighbourhood shops; any other
development not included in item 2 or 4.
[12] Clause 9, Development Control Table
Omit “boarding houses; extractive industries; hotels; institutions; intensive livestock keeping establishments; liquid fuel depots; mines; motor showrooms; offensive or hazardous industries; residential flat buildings; shops (other than general stores); waste depots” from item 4 of the matter relating to Zone No 1 (c).
Insert instead “boarding houses; correctional centres; dugouts; extractive industries; hazardous industries; heavy industries; intensive livestock agriculture; liquid fuel depots; multi dwelling housing; offensive industries; residential flat buildings; shops; vehicle sales or hire premises; waste or resource management facilities”.
[13] Clause 9, Development Control Table
Omit “extractive industries; horse stables; intensive livestock keeping establishments; mines; offensive and hazardous industries; waste depots” from item 4 of the matter relating to Zone No 2 (t).
Insert instead “dugouts; extractive industries; hazardous industries; intensive livestock agriculture; offensive industries; waste or resource management facilities”.
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[14] Clause 9, Development Control Table, Zone SP1 Special Activities
Insert after the matter relating to Zone No 8 (a):
Zone SP1 Special Activities
1 Objectives of zone
The objectives of the zone are:
| (a) | to provide for special land uses that are not provided for in other zones, and |
| (b) | to provide for sites with special natural characteristics that are not provided for in other zones, and |
| (c) | to facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land, and |
| (d) | to encourage tourist and retail uses of dugouts that are compatible with and maintain the dugout character and amenity of the zone, and |
| (e) | to permit subdivision of existing dugout development in the area within Zone SP1 Special Activities, and |
| (f) | to ensure development in the zone is provided with basic utility services, and |
| (g) | where dugouts are to be used for habitable purposes—to ensure they are suitable for, and capable of, habitation. |
2 Without development consent
Development for the purpose of:
home occupations.
3 Only with development consent
Development for the purpose of:
depots; earthworks; environmental facilities; environmental
protection works; extractive industries; home-based child care;
home businesses; home industries; home occupation (sex
services); recreation areas; recreation facilities (outdoor);
research stations; residential accommodation; retail premises
(only in conjunction with opal mining); tourist and visitor
accommodation; water reticulation systems.
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4 Prohibited
Development for the purpose of:
farm stay accommodation; hotel or motel accommodation;
neighbourhood shops; pubs; serviced apartments; any other
development not included in item 2 or 3.
[15] Clause 11 General considerations for development in Zone No 1 (a)
Omit “or irrigated agriculture” from clause 11 (1) (a).
[16] Clause 12 Subdivision of land generally
Omit “or irrigated agriculture” from clause 12 (2) (b).
[17] Clause 13 Subdivision for the purpose of agriculture in Zone No 1 (a)
Omit “or irrigated agriculture” wherever occurring in clause 13 (2) and (4) (a).
[18] Clause 13 (4) (b)
Omit “(in the case of agricultural use) or 20 hectares (in the case of irrigated agricultural use)”.
Insert instead “(in the case of an extensive agricultural use, other than intensive plant agriculture) or 20 hectares (in the case of intensive plant agriculture)”.
[19] Clause 13 (5) (a)
Omit “or irrigated agricultural”.
[20] Clause 14 Subdivision for other purposes in Zone No 1 (a)
Omit “agriculture, irrigated agriculture” wherever occurring in clause 14 (1) and (2).
Insert instead “extensive agriculture, intensive plant agriculture”.
[21] Clause 14 (2) (c)
Omit “or irrigated agricultural”.
[22] Clauses 15, 16, 17, 18 and 20
Omit “dwelling-house” wherever occurring. Insert instead “dwelling house”.
[23] Clause 16 Subdivision for the purpose of dwellings in Zone No 2 (t) and Zone No SP1
Insert “or Zone No SP1” after “Zone No 2 (t)” in clause 16 (2).
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[24] Clause 16 (3) and (4)
Insert after subclause (2):
| (3) | Land in Zone No SP1 Special Activities may be subdivided with development consent. |
| (4) | The maximum number of lots that may be created by subdividing land in Zone No SP1 Special Activities must not exceed the total number of areas that were subject to a licence granted under the Crown Lands Act 1989 at the commencement of Central Darling Local Environmental Plan 2004 (Amendment No 1). |
[25] Clause 17 Dwellings in Zone No 1 (a)
| Omit “irrigated agriculture” from clause 17 (1) (a) (i). Insert instead “intensive plant agriculture”. |
[26] Clause 17 (1) (a) (ii)
Omit “agriculture”. Insert instead “extensive agriculture”.
[27] Clause 17 (1) (b) (i)
| Omit “agriculture or irrigated agriculture”. Insert instead “extensive agriculture or intensive plant agriculture”. |
[28] Clause 18A
Insert after clause 18:
|
| (1) | This clause applies to land in Zone No SP1 Special Activities. | |||||||||||||
| (2) | Despite any other provision of this plan, development consent must not be granted to the use of land to which this clause applies for any of the following purposes unless the consent authority is satisfied that the development will be predominantly located in a dugout: | |||||||||||||
|
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| (3) | Before granting development consent under this clause, the consent authority must be satisfied that the dugout will have: | |||||||||||||||||
|
[29] Clause 19 Erection of additional dwellings in Zones Nos 1 (a) and 1 (c)
Omit clause 19 (3).
[30] Clause 20
Omit the clause. Insert instead:
|
The consent authority may consent to the erection of a dwelling house on land in Zone No 1 (a) or No 1 (c) on which a dwelling house already exists if the dwelling house to be erected is intended only to replace the existing dwelling house, and the consent authority is satisfied that:
| (a) | the replacement dwelling house will not be used as a dwelling until the existing dwelling house is demolished, or |
| (b) | the occupation of the existing dwelling house has permanently ceased and the existing dwelling house has been rendered uninhabitable, or |
| (c) | consent has been granted by the consent authority to a change of use of the existing dwelling house to another permissible use. |
[31] Clause 21 Dual occupancy in Zone No 2 (t)
| Omit “reticulated sewerage system” from clause 21 (2) (a). Insert instead “sewage reticulation system”. |
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[32] Clause 24 Development along arterial roads
Omit clause 24 (2).
[33] Clause 28 Land subject to bushfire hazards
Omit the clause.
[34] Clause 30 Protection of heritage items
Omit clause 30 (7).
[35] Clause 36 Stormwater drainage
Omit “, swamps” from clause 36 (3).
[36] Clause 37 Roads, drainage, recreation areas and parking
| Omit “bushfire hazard reduction” from clause 37 (1). Insert instead “bush fire hazard reduction work”. |
[37] Clause 37 (3)
Omit the subclause.
[38] Clause 38
Omit the clause. Insert instead:
|
The consent authority must not consent to the carrying out of development for the purpose of a neighbourhood shop if the shop:
| (a) | will sell petroleum products and is less than 10 kilometres from a service station, or |
| (b) | has an area devoted to retail that exceeds 75 square metres, or |
| (c) | is located within 400 metres of an existing neighbourhood shop. |
[39] Clauses 41 and 42
Insert after clause 40:
|
| (1) | For the purpose of enabling development on land in any zone to be carried out in accordance with this plan or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that |
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development does not apply to the extent necessary to serve that
purpose.
| (2) | This clause does not apply: | |||||||||||||
| ||||||||||||||
| (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). |
42 Classification and reclassification of public land
|
Note. Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this plan to discharge trusts on which public reserves are held if the land is reclassified under this plan as operational land.
| (2) | The public land described in Part 1 or Part 2 of Schedule 5 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993. |
| (3) | The public land described in Part 3 of Schedule 5 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993. |
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| (4) | The public land described in Part 1 of Schedule 5: | |||||
| ||||||
| (5) | The public land described in Part 2 of Schedule 5, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except: | |||||
|
[40] Schedule 1 Heritage items
| Insert the following items in alphabetical order of locality, under the headings “Locality”, “Address” and “Building/site/area”, respectively: | ||||||||||||||||||||||||
|
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| White Cliffs | Opal Drive | Early Pioneer Cemetery and Centenary Cairns |
| White Cliffs | Tilpa Road | Pioneer and General Cemetery |
[41] Schedule 4 Development that must be advertised
| Omit “hotels and motels” from item 2. Insert instead “hotel or motel accommodation and pubs”. |
[42] Schedule 4
Omit “terminals, junk yards, liquid fuel depots, saw mills, stock and sale yards” from item 3.
Insert instead “depots, heavy industries, liquid fuel depots, stock and sale yards and waste or resource management facilities”.
[43] Schedule 4
Insert “and sex services premises” after “brothels” in item 4.
[44] Schedule 4
Omit item 5.
[45] Schedule 5
Insert after Schedule 4:
|
(Clause 42)
| Part 1 | Land classified, or reclassified, as operational land—no interests changed |
| Column 1 | Column 2 |
| Locality | Description |
| Nil |
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| Part 2 | Land classified, or reclassified, as operational land—interests changed |
| Column 1 | Column 2 | Column 3 |
| Locality | Description | Any trusts etc not discharged |
| Ivanhoe | Ivanhoe Council Depot, Behring Street, Lot 1, DP 89360 | |
| Ivanhoe | SES Shed, Raleigh Street, Lot 7, Section 15, DP 758537 | |
| Menindee | Menindee RTC, 42 Paringa Street, Lot 6, Section 27, DP 758669 | |
| Menindee | Menindee RTC, 51 Yartla Street, Lot 5, Section 27, DP 758669 | |
| Wilcannia | Council Depot, 50–52 Myers Street, Lot 1, Section 54, DP 812602 | |
| Wilcannia | Council Depot Shower Block, 38 James Street, Lot 2, Section 54, DP 812602 | |
| Wilcannia | Council Depot Corner Block, 40 James Street, Lot 11, Section 54, DP 592750 | |
| Wilcannia | Bank Residence, 6–8 Reid Street, Lots 8 and 9, Section 12, DP 759091 | |
| Wilcannia | MED Residence, 59 Woore Street, Lot 11, Section 13, DP 759091 | |
| Barrier Highway | Part of Kalyanka, Lot 53, DP 1130093 |
| Part 3 | Land classified, or reclassified, as community land |
| Column 1 | Column 2 |
| Locality | Description |
| Nil |
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[46] Dictionary
Insert after Schedule 5 (as inserted by this Plan):
Dictionary
(Clause 3)
advertisement has the same meaning as in the Act.
Note. The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
agricultural produce industry means an industry involving the handling, treating, processing or packing of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
agriculture means any of the following:
| (a) | animal boarding or training establishments, |
| (b) | aquaculture, |
| (c) | extensive agriculture, |
| (d) | farm forestry, |
| (e) | intensive livestock agriculture, |
| (f) | intensive plant agriculture. |
airport means a place used for the landing, taking off, parking, maintenance or repair of aeroplanes (including associated buildings, installations, facilities and movement areas and any heliport that is part of the airport).
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
animal chiller means a commercial freezer or coolroom for the purpose of storing wildlife that has been slaughtered for use in pet food or for human consumption.
appointed day means 14 August 2002.
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aquaculture has the same meaning as in the Fisheries Management
Act 1994.
Note. The term is defined as follows: aquaculture means:
| (a) | cultivating fish or marine vegetation for the purposes of harvesting the fish or marine vegetation or their progeny with a view to sale, or |
| (b) | keeping fish or marine vegetation in a confined area for a commercial purpose (such as a fish-out pond), |
but does not include:
| (c) | keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially), or |
| (d) | anything done for the purposes of maintaining a collection of fish or marine vegetation otherwise than for a commercial purpose, or |
| (e) | any other thing prescribed by the regulations (made under the Fisheries Management Act 1994). |
archaeological site means a site that is specified in Part 1 of Schedule 2
as an archaeological site.
arterial road means an arterial road indicated on the map or a classified
road within the meaning of the Roads Act 1993.
attached dwelling means a building containing 3 or more dwellings,
where:
| (a) | each dwelling is attached to another dwelling by a common wall, and |
| (b) | each of the dwellings is on its own lot of land (not being an individual lot in a strata plan or community title scheme), and |
| (c) | none of the dwellings is located above any part of another dwelling. |
| backpackers’ | accommodation | means | tourist | and | visitor |
| accommodation: |
| (a) | that has shared facilities, such as a communal bathroom, kitchen or laundry, and |
| (b) | that will generally provide accommodation on a bed basis (rather than by room). |
basic utility services means sewerage, drainage, water, gas and
electricity services.
bed and breakfast accommodation means tourist and visitor
accommodation comprising a dwelling (and any ancillary buildings and
parking) where the accommodation is provided by the permanent
residents of the dwelling and:
| (a) | meals are provided for guests only, and |
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| (b) | cooking facilities for the preparation of meals are not provided within guests’ rooms, and |
| (c) | dormitory-style accommodation is not provided. |
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
boarding house means a building:
| (a) | that is wholly or partly let in lodgings, and |
| (b) | that provides lodgers with a principal place of residence for 3 months or more, and |
| (c) | that generally has shared facilities, such as a communal bathroom, kitchen or laundry, and |
| (d) | that has rooms that accommodate one or more lodgers, |
but does not include backpackers’ accommodation, a group home, a serviced apartment, seniors housing or hotel or motel accommodation. boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
brothel has the same meaning as in the Act.
building has the same meaning as in the Act.
Note. The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol, but that does not include general advertising of products, goods or services.
bulk store means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop, retail premises or commercial premises on the same parcel of land or on adjoining land in the same ownership.
bush fire hazard reduction work has the same meaning as in the Rural
Fires Act 1997.
Note. The term is defined as follows:
bush fire hazard reduction work means:
| (a) | the establishment or maintenance of fire breaks on land, and |
| (b) | the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire, |
but does not include construction of a track, trail or road.
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bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign:
| (a) | that indicates: | |||
| ||||
| (b) | that may include the address of the premises or place and a logo or other symbol that identifies the business, |
but that does not include any advertising relating to a person who does
not carry on business at the premises or place.
business premises means a building or place at or on which:
| (a) | an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or |
| (b) | a service is provided directly to members of the public on a regular basis, |
and may include, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, medical centres, betting agencies and the like, but does not include sex services premises.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
cemetery means a building or place for the interment of deceased
persons or their ashes.
child care centre means a building or place used for the supervision and
care of children that:
| (a) | provides long day care, pre-school care, occasional child care or out-of-school-hours care, and |
| (b) | does not provide overnight accommodation for children other than those related to the owner or operator of the centre, |
but does not include:
| (c) | a building or place used for home-based child care, or |
| (d) | an out-of-home care service provided by an agency or organisation accredited by the NSW Office of the Children’s Guardian, or |
| (e) | a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or |
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| (f) | a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or | |||
| (g) | a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or | |||
| (h) | a service that is concerned primarily with the provision of: | |||
|
(i) a school, or
| (j) | a service provided at exempt premises (within the meaning of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises. |
commercial premises means a building or place used as an office or for a business or commercial purposes, but does not include a building or place specifically defined elsewhere in this Dictionary.
correctional centre means:
| (a) | any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and |
| (b) | any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987, |
but does not include any police station or court cell complex in which a
person is held in custody in accordance with any Act.
Council means the Central Darling Shire Council.
crematorium means a building in which deceased persons or pets are
cremated, and includes a funeral chapel.
dairy (pasture-based) means a dairy where the only restriction facilities
present are the milking sheds and holding yards and where cattle are
constrained for no more than 10 hours in any 24 hour period (excluding
during any period of drought or similar emergency relief).
demolish, in relation to a heritage item, means wholly or partly destroy,
dismantle or deface the heritage item.
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depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use.
dugout means a place comprising rooms, access ways and associated structures located either wholly or partly below the natural ground level created by mining or excavation methods.
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling house means a building containing only one dwelling.
earthworks means excavation or filling.
educational establishment means a building or place used for education
(including teaching), being:
| (a) | a school, or |
| (b) | a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act. |
entertainment facility means a theatre, cinema, music hall, concert hall,
dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the
recreational use or scientific study of natural systems, and includes
walking tracks, seating, shelters, board walks, observation decks, bird
hides or the like, and associated display structures.
environmental protection works means works associated with the
rehabilitation of land towards its natural state or any work to protect
land from environmental degradation, and includes bush regeneration
works, wetland protection works, erosion protection works, dune
restoration works and the like.
excavation means the removal of soil or rock, whether moved to
another part of the same site or to another site, but does not include
garden landscaping that does not significantly alter the shape, natural
form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public
exhibition and marketing of new dwellings, whether or not it is intended
to be sold as a private dwelling after its use for those purposes is
completed, and includes any associated sales or home finance office or
place used for displays.
exhibition village means 2 or more exhibition homes and associated
buildings and places used for house and land sales, site offices, advisory
services, car parking, food and drink sales and other associated
purposes.
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extensive agriculture means:
| (a) | the production of crops or fodder (including irrigated pasture and fodder crops), or |
| (b) | the grazing of livestock, or |
| (c) | bee keeping, |
for commercial purposes, but does not include any of the following:
| (d) | animal boarding or training establishments, |
| (e) | aquaculture, |
| (f) | farm forestry, |
| (g) | intensive livestock agriculture, |
| (h) | intensive plant agriculture. |
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
extractive material means sand, soil, gravel, rock or similar substances
that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an
agricultural use of the landholding on which it is situated and includes
a hay shed, stock holding yard, machinery shed, shearing shed, silo,
storage tank, outbuilding or the like, but does not include a dwelling.
farm stay accommodation means tourist and visitor accommodation
provided to paying guests on a working farm as a secondary business to
primary production.
feedlot means a confined or restricted area used to rear and fatten cattle,
sheep or other animals for the purpose of meat production, fed (wholly
or substantially) on prepared and manufactured feed, but does not
include a poultry farm, dairy or piggery.
fill means the depositing of soil, rock or other similar extractive material
obtained from the same or another site, but does not include:
| (a) | the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or |
| (b) | the use of land as a waste disposal facility. |
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flood liable land means land inundated by the 1% flood event or by the highest known flood level determined by using the geomorphology method.
floodplain means flood liable land.
food and drink premises means retail premises used for the preparation
and retail sale of food or drink for immediate consumption on or off the
premises, and includes restaurants, cafes, take away food and drink
premises, milk bars and pubs.
forestry has the same meaning as forestry operations in the Forestry
and National Park Estate Act 1998.
Note. The term is defined as follows: forestry operations means:
| (a) | logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or |
| (b) | forest products operations, namely, the harvesting of products of trees, shrubs and other vegetation (other than timber) that are of economic value, or |
| (c) | on-going forest management operations, namely, activities relating to the management of land for timber production such as thinning, bush fire hazard reduction, bee-keeping, grazing and other silvicultural activities, or |
| (d) | ancillary road construction, namely, the provision of roads and fire trails, and the maintenance of existing railways, to enable or assist in the above operations. |
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
group home means a dwelling that is a permanent group home or a
transitional group home.
group home (permanent) or permanent group home means a dwelling:
| (a) | that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and |
| (b) | that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged, |
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
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group home (transitional) or transitional group home means a
dwelling:
| (a) | that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and |
| (b) | that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people, |
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
hazardous industry means development for the purpose of an industry that, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in the locality:
| (a) | to human health, life or property, or |
| (b) | to the biophysical environment. |
hazardous storage establishment means any establishment where goods, materials or products are stored that, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk in the locality:
| (a) | to human health, life or property, or |
| (b) | to the biophysical environment. |
health consulting rooms means a medical centre that comprises one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals who practise in partnership (if there is more than one such professional) who provide professional health care services to members of the public.
health services facility means a building or place used as a facility to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes the following:
| (a) | day surgeries and medical centres, |
| (b) | community health service facilities, |
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| (c) | health consulting rooms, |
| (d) | facilities for the transport of patients, including helipads and ambulance facilities, |
| (e) | hospitals. |
heavy industry means an industry that requires separation from other land uses because of the nature of the processes involved, or the materials used, stored or produced. It may consist of or include a hazardous or offensive industry or involve the use of a hazardous or offensive storage establishment.
helipad means a place not open to the public used for the taking off and
landing of helicopters.
heliport means a place open to the public used for the taking off and
landing of helicopters, whether or not it includes:
| (a) | a terminal building, or |
| (b) | facilities for the parking, storage or repair of helicopters. |
heritage impact statement means a document consisting of:
| (a) | a statement demonstrating the heritage significance of a heritage item, archaeological site, place of Aboriginal heritage significance or other heritage conservation area, and |
| (b) | an assessment of the impact that proposed development will have on that significance, and |
| (c) | proposals for measures to minimise that impact. |
heritage item means:
| (a) | a building, work, archaeological site or place specified in an inventory of heritage items that is available at the office of the Council and the site of which is described in Schedule 1, or |
| (b) | a place specified in an inventory of heritage items available at the office of the Council and described in the inventory as a place of Aboriginal heritage significance and the site of which is described in Schedule 2. |
heritage significance means historical, scientific, cultural, social,
archaeological, architectural, natural or aesthetic value.
home-based child care means a dwelling used by a resident of the
dwelling for the supervision and care of one or more children and that
satisfies the following conditions:
| (a) | the service is appropriately licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998, |
| (b) | the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age |
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of 12 years, including no more than 5 who do not ordinarily
attend school.
home business means a business carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:
| (a) | the employment of more than 2 persons other than those residents, or |
| (b) | interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or |
| (c) | involve the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or |
| (d) | the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or |
| (e) | the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, |
but does not include bed and breakfast accommodation, home
occupation (sex services) or sex services premises.
home industry means a light industry carried on in a dwelling, or in a
building ancillary to a dwelling, by one or more permanent residents of
the dwelling that does not involve:
| (a) | the employment of more than 2 persons other than those residents, or |
| (b) | interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or |
| (c) | the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or |
| (d) | the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the light industry carried on in the dwelling), or |
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| (e) | the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, |
but does not include bed and breakfast accommodation or sex services
premises.
home occupation means an occupation carried on in a dwelling, or in a
building ancillary to a dwelling, by one or more permanent residents of
the dwelling that does not involve:
| (a) | the employment of persons other than those residents, or |
| (b) | interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or |
| (c) | the display of goods, whether in a window or otherwise, or |
| (d) | the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the occupation carried on in the dwelling), or |
| (e) | the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, |
but does not include bed and breakfast accommodation, a brothel or
home occupation (sex services).
home occupation (sex services) means the provision of sex services in
a dwelling that is a brothel, or in a building that is a brothel and is
ancillary to such a dwelling, by no more than 2 permanent residents of
the dwelling and that does not involve:
| (a) | the employment of persons other than those residents, or |
| (b) | interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or |
| (c) | the exhibition of any notice, advertisement or sign, or |
| (d) | the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, |
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms,
nuts, cut flowers and foliage and nursery products for commercial
purposes, but does not include retail sales or viticulture.
hospital means a building or place used for the purpose of providing
professional health care services (such as preventative or convalescent
care, diagnosis, medical or surgical treatment, psychiatric care or care
for people with disabilities, or counselling services provided by health
care professionals) to people admitted as in-patients (whether or not
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out-patients are also cared for or treated there), and includes ancillary
facilities for (or that consist of) any of the following:
| (a) | day surgery, day procedures or health consulting rooms, |
| (b) | accommodation for nurses or other health care workers, |
| (c) | accommodation for persons receiving health care or for their visitors, |
| (d) | shops or refreshment rooms, |
| (e) | transport of patients, including helipads, ambulance facilities and car parking, |
| (f) | educational purposes or any other health-related use, |
| (g) | research purposes (whether or not it is carried out by hospital staff or health care workers or for commercial purposes), |
| (h) | chapels, |
(i) hospices,
| (j) | mortuaries. |
hostel means premises that are generally staffed by social workers or
support providers and at which:
| (a) | residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and |
| (b) | cooking, dining, laundering, cleaning and other facilities are provided on a shared basis. |
hotel or motel accommodation means tourist and visitor accommodation (whether or not licensed premises under the Liquor Act 2007):
| (a) | comprising rooms or self-contained suites, and |
| (b) | that may provide meals to guests or the general public and facilities for the parking of guests’ vehicles, |
but does not include backpackers’ accommodation, a boarding house,
bed and breakfast accommodation or farm stay accommodation.
industry means the manufacturing, production, assembling, altering,
formulating, repairing, renovating, ornamenting, finishing, cleaning,
washing, dismantling, transforming, processing or adapting, or the
research and development of any goods, chemical substances, food,
agricultural or beverage products, or articles for commercial purposes,
but does not include extractive industry or a mine.
intensive livestock agriculture means the keeping or breeding, for
commercial purposes, of cattle, poultry, goats, horses or other livestock,
that are fed wholly or substantially on externally-sourced feed, and
includes the operation of feed lots, piggeries, poultry farms or restricted
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dairies, but does not include the operation of facilities for drought or
similar emergency relief or extensive agriculture or aquaculture.
intensive livestock keeping establishment means a building or place
where livestock are held for the purposes of nurturing by a feeding
method other than natural grazing and includes the following:
| (a) | feedlots, other than feedlots operated during periods of declared drought, or at times of other natural disasters such as fire or flood, |
| (b) | piggeries, |
| (c) | poultry farms, |
| (d) | places used for fish farming (including the farming of crustaceans and oysters), |
but does not include the following:
| (e) | an animal boarding or training establishment, |
| (f) | a building or place used for the keeping of livestock intended solely for personal consumption or enjoyment by the owner or occupier of the building or place, |
| (g) | a building or place used for short-term feeding. |
intensive plant agriculture means any of the following carried out for
commercial purposes:
| (a) | the cultivation of irrigated crops (other than irrigated pasture or fodder crops), |
| (b) | horticulture, |
| (c) | turf farming, |
| (d) | viticulture. |
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
land fill site means land on which, as the principal use of the land, materials such as earth, soil, excavated earth material, demolition material or non-putrescible matter are placed as filling.
light industry means an industry, not being a hazardous or offensive industry or involving use of a hazardous or offensive storage establishment, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.
liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
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livestock processing industry means an industry that involves the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals, derived principally from surrounding districts, and includes such activities as abattoirs, knackeries, tanneries, woolscours and rendering plants.
maintenance, in relation to a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care. It does not include the removal or disturbance of existing fabric, alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
medical centre means business premises used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals, and may include the ancillary provision of other health services.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes:
| (a) | the construction, operation and decommissioning of associated works, and |
| (b) | the rehabilitation of land affected by mining. |
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government
Act 1993.
Note. The term is defined as follows: moveable dwelling means:
| (a) | any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or |
| (b) | a manufactured home, or |
| (c) | any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition. |
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land (not being an individual lot in a strata
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plan or community title scheme) each with access at ground level, but
does not include a residential flat building.
native vegetation has the same meaning as in the Native Vegetation
Act 2003.
Note. The term is defined as follows:
Meaning of “native vegetation”
| (1) | Native vegetation means any of the following types of indigenous vegetation: | |||||||
| ||||||||
| (2) | Vegetation is indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement. | |||||||
| (3) | Native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies. |
neighbourhood shop means retail premises used for the purposes of selling small daily convenience goods such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.
offensive industry means any development for the purpose of an industry that would, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
offensive storage establishment means any establishment where goods, materials or products are stored and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
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office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
pine plantations means private forestry involving the establishment of pine plantations of more than 5 hectares in area in respect of any one property.
place of Aboriginal heritage significance means:
| (a) | a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people (it may include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening groves), or |
| (b) | a natural Aboriginal sacred site or other sacred feature (it may include natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance). |
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
Planning for Bush Fire Protection means the document titled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006.
potential archaeological site means a site that is specified in Part 2 of
Schedule 2 as a potential archaeological site.
pub means licensed premises under the Liquor Act 2007 the principal
purpose of which is the sale of liquor for consumption on the premises,
whether or not the premises include hotel or motel accommodation and
whether or not food is sold or entertainment is provided on the premises.
public administration building means a building used as offices or for
administrative or other like purposes by the Crown, a statutory body, a
council or an organisation established for public purposes, and includes
a courthouse or a police station.
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recreation area means a place used for outdoor recreation that is
normally open to the public, and includes:
| (a) | a children’s playground, or |
| (b) | an area used for community sporting activities, or |
| (c) | a public park, reserve or garden or the like, |
and any ancillary buildings, but does not include a recreation facility
(indoor), recreation facility (major) or recreation facility (outdoor).
recreation facility (indoor) means a building or place used
predominantly for indoor recreation, whether or not operated for the
purposes of gain, including a squash court, indoor swimming pool,
gymnasium, table tennis centre, health studio, bowling alley, ice rink or
any other building or place of a like character used for indoor recreation,
but does not include an entertainment facility, a recreation facility
(major) or a registered club.
recreation facility (major) means a building or place used for
large-scale sporting or recreation activities that are attended by large
numbers of people whether regularly or periodically, and includes
sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a
recreation area) used predominantly for outdoor recreation, whether or
not operated for the purposes of gain, including a golf course, golf
driving range, mini-golf centre, tennis court, paint-ball centre, lawn
bowling green, outdoor swimming pool, equestrian centre, skate board
ramp, go-kart track, rifle range, water-ski centre or any other building
or place of a like character used for outdoor recreation (including any
ancillary buildings), but does not include an entertainment facility or a
recreation facility (major).
registered club means a club in respect of which a certificate of
registration under the Registered Clubs Act 1976 is in force, whether or
not entertainment is provided at the club.
relic means any deposit, object or other material evidence of human
habitation:
| (a) | that relates to the settlement of the area of Central Darling, not being Aboriginal settlement, and |
| (b) | that is more than 50 years old, and |
| (c) | that is a fixture or is wholly or partly within the ground. |
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
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residential accommodation means a building or place used predominantly as a place of residence, but does not include tourist and visitor accommodation.
residential care facility means accommodation for seniors (people aged
55 years or more) or people with a disability that includes:
| (a) | meals and cleaning services, and |
| (b) | personal care or nursing care, or both, and |
| (c) | appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care, |
not being a dwelling, hospital or psychiatric facility.
residential flat building means a building containing 3 or more
dwellings, but does not include an attached dwelling or multi dwelling
housing.
resource recovery facility means a building or place used for the
recovery of resources from waste, including works or activities such as
separating and sorting, processing or treating the waste, temporary
storage, transfer or sale of recovered resources, energy generation from
gases and water treatment, but not including re-manufacture or disposal
of the material by landfill or incineration.
restaurant means a building or place the principal purpose of which is
the provision of food or beverages to people for consumption on the
premises, whether or not takeaway meals and beverages or
entertainment are also provided.
restricted dairy means a dairy (other than a dairy (pasture-based))
where restriction facilities are present in addition to milking sheds and
holding yards, and where cattle have access to grazing for less than
10 hours in any 24 hour period (excluding during periods of drought or
similar emergency relief). A restricted dairy may comprise the whole or
part of a restriction facility.
restricted premises means business premises or retail premises that, due
to their nature, restrict access to patrons or customers over 18 years of
age, and includes sex shops and similar premises but does not include
hotel or motel accommodation, a pub, home occupation (sex services)
or sex services premises.
restriction facilities means facilities where animals are constrained for
management purposes, including milking sheds, pads, feed stalls,
holding yards and paddocks where the number of livestock exceeds the
ability of vegetation to recover from the effects of grazing in a normal
growing season, but does not include facilities for drought or similar
emergency relief.
retail premises means a building or place used for the purpose of selling
items by retail, or for hiring or displaying items for the purpose of
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selling them by retail or hiring them out, whether the items are goods or
materials (or whether also sold by wholesale).
road means a public road or a private road within the meaning of the
Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for retail
selling of agricultural produce or hand crafted goods (or both) produced
from the property on which the stall is situated or from an adjacent
property.
rural industry means an industry that involves the handling, treating,
production, processing or packing of animal or plant agricultural
products, and includes:
| (a) | agricultural produce industry, or |
| (b) | livestock processing industry, or |
| (c) | use of composting facilities and works (including to produce mushroom substrate), or |
| (d) | use of sawmill or log processing works, or |
| (e) | use of stock and sale yards, or |
| (f) | the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise, |
undertaken for commercial purposes.
rural worker’s dwelling means a dwelling, ancillary to a dwelling
house on the same landholding, used as the principal place of residence
by persons employed for the purpose of agriculture or a rural industry
on that land.
sawmill or log processing works means a building or place used for
handling, cutting, chipping, pulping or otherwise processing logs,
baulks, branches or stumps, principally derived from surrounding
districts, into timber or other products derived from wood.
school means a government school or non-government school within
the meaning of the Education Act 1990.
seniors housing means residential accommodation that consists of:
| (a) | a residential care facility, or |
| (b) | a hostel, or |
| (c) | a group of self-contained dwellings, or |
| (d) | a combination of these, |
and that is, or is intended to be, used permanently for:
| (e) | seniors or people who have a disability, or |
| (f) | people who live in the same household with seniors or people who have a disability, or |
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| (g) | staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation, |
but does not include a hospital.
service station means a building or place used for the sale by retail of
fuels and lubricants for motor vehicles, whether or not the building or
place is also used for any one or more of the following:
| (a) | the ancillary sale by retail of spare parts and accessories for motor vehicles, |
| (b) | the cleaning of motor vehicles, |
| (c) | installation of accessories, |
| (d) | inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration), |
| (e) | the ancillary retail selling or hiring of general merchandise or services or both. |
serviced apartment means a building or part of a building providing self-contained tourist and visitor accommodation that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated:
| (a) | pipelines and tunnels, and |
| (b) | pumping stations, and |
| (c) | dosing facilities, and |
| (d) | odour control works, and |
| (e) | sewage overflow structures, and |
| (f) | vent stacks. |
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
sewerage system means a biosolids treatment facility, sewage reticulation system, sewage treatment plant, water recycling facility, or any combination of these.
sex services premises means a brothel, but does not include home
occupation (sex services).
shop means retail premises that sell groceries, personal care products,
clothing, music, homewares, stationery, electrical goods or other items
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of general merchandise, and may include a neighbourhood shop, but
does not include food and drink premises or restricted premises.
signage means any sign, notice, device, representation or advertisement
that advertises or promotes any goods, services or events and any
structure or vessel that is principally designed for, or that is used for, the
display of signage, and includes:
| (a) | building identification signs, and |
| (b) | business identification signs, and |
| (c) | advertisements, |
but does not include traffic signs or traffic control facilities.
stock and sale yard means a building or place used on a commercial
basis for the purpose of offering livestock or poultry for sale and may
be used for the short-term storage and watering of stock.
storage premises means a building or place used for the storage of
goods, materials, plant or machinery for commercial purposes and
where the storage is not ancillary to any business premises or retail
premises on the same parcel of land.
the Act means the Environmental Planning and Assessment Act 1979.
the map means the map marked “Central Darling Local Environmental
Plan 2004”, as amended by the maps (or the specified sheets of maps)
marked as follows:
Central Darling Local Environmental Plan 2004 (Amendment No 1),
Sheets 1–4
tourist and visitor accommodation means a building or place that
provides temporary or short-term accommodation on a commercial
basis, and includes hotel or motel accommodation, serviced apartments,
bed and breakfast accommodation and backpackers’ accommodation.
transport depot means a building or place used for the parking or
servicing of motor powered or motor drawn vehicles used in connection
with a passenger transport undertaking, business, industry or shop.
turf farming means the commercial cultivation of turf for sale and the
removal of turf for that purpose.
utility undertaking means any undertaking carried out by or by
authority of any Government department, or in pursuance of any
Commonwealth or State Act, for the purpose of:
| (a) | railway, road, water or air transport, or wharf or river undertakings, or |
| (b) | the provision of sewerage or drainage services, or |
| (c) | the supply of water, hydraulic power, electricity or gas, or |
| (d) | water quality control facilities. |
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vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs or the selling of, and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop.
vehicle sales or hire premises means a building or place used for the display, sale (whether by retail or wholesale) or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
viticulture means the cultivation of grapes for commercial purposes for
use in the production of fresh or dried fruit or wine.
warehouse or distribution centre means a building or place used
mainly or exclusively for storing or handling items (whether goods or
materials) pending their sale, but from which no retail sales are made.
waste disposal facility means a building or place used for the disposal
of waste by landfill, incineration or other means, including such works
or activities as recycling, resource recovery and other resource
management activities, energy generation from gases, leachate
management, odour control and the winning of extractive material to
generate a void for disposal of waste or to cover waste after its disposal.
waste or resource management facility means a waste or resource
transfer station, a resource recovery facility or a waste disposal facility.
waste or resource transfer station means a building or place used for
the collection and transfer of waste material or resources, including the
receipt, sorting, compacting, temporary storage and distribution of
waste or resources and the loading or unloading of waste or resources
onto or from road or rail transport.
water recreation structure means a structure used primarily for
recreational purposes that has a direct structural connection between the
shore and the waterway, and may include a pier, wharf, jetty or boat
launching ramp.
water recycling facility means a building or place used for the treatment
of sewage effluent, stormwater or waste water for use as an alternative
supply to mains water, groundwater or river water (including, in
particular, sewer mining works), whether the facility stands alone or is
associated with other development, and includes associated:
| (a) | retention structures, and |
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| (b) | treatment works, and |
| (c) | irrigation schemes. |
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure, dosing facilities and water supply reservoirs.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
water supply system means a water reticulation system, water storage
facility, water treatment facility, or any combination of these.
water treatment facility means a building or place used for the
treatment of water (such as a desalination plant or a recycled or
reclaimed water plant) whether the water produced is potable or not, and
includes residuals treatment, storage and disposal facilities, but does not
include a water recycling facility.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body
of water, including any constructed waterway, canal, inlet, bay,
channel, dam, pond, lake or artificial wetland, but does not include a dry
detention basin or other stormwater management construction that is
only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of
water, whether perennial or intermittent, fresh, brackish or saline, the
course of which may have been artificially modified or diverted onto a
new course, and includes a river, creek, stream, lake, lagoon, natural
wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether
artificially modified or not, in which water usually flows, either
continuously or intermittently, in a defined bed or channel, but does not
include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland,
waterbody (artificial) or waterbody (natural).
wetland means:
| (a) | natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or |
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| (b) | artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities. |
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