Standard Instrument (Local Environmental Plans) Amendment Order 2011 (2011-102) LW 25 February 2011 (NSW)

2011 No 102

New South Wales

Standard Instrument (Local

Environmental Plans) Amendment

Order 2011

under the

Environmental Planning and Assessment Act 1979

JAMES ALLSOP, Administrator I, the Honourable Justice James Allsop, Administrator of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 33A of the Environmental Planning and Assessment Act 1979, make the following Order.

Dated, this 23rd day of February 2011.

By the Administrator’s Command,

TONY KELLY, MLC Minister for Planning

Published LW 25 February 2011	Page 1
2011 No 102

Clause 1

Standard Instrument (Local Environmental Plans) Amendment Order 2011

Standard Instrument (Local Environmental Plans)

Amendment Order 2011

under the

Environmental Planning and Assessment Act 1979

1 Name of Order

This Order is the Standard Instrument (Local Environmental Plans)

Amendment Order 2011.

2 Commencement

This Order commences on the day on which it is published on the NSW legislation website.

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Standard Instrument (Local Environmental Plans) Amendment Order 2011

Amendment of Standard Instrument (Local Environmental Plans) Order	Schedule 1
2006

Schedule 1

Amendment of Standard Instrument

(Local Environmental Plans) Order 2006

Clause 9

Insert after clause 8:

9 Transitional provisions consequent on making of Standard Instrument (Local Environmental Plans) Amendment Order 2011

(1)	The amendments made by the Standard Instrument (Local Environmental Plans) Amendment Order 2011 (the *amending Order*) to the standard instrument prescribed by this Order do not have effect in relation to any local environmental plan that was in force immediately before the commencement of the amending Order until 4 months after that commencement.
(2)	In any instrument or in any map adopted by an instrument, a reference to Zone RU4 Rural Small Holdings is taken to include a reference to Zone RU4 Primary Production Small Lots.
(3)	For the purposes of subclause (2), *instrument* means a local environmental plan made under section 33A of the Act or any other environmental planning instrument that adopts or refers to the land use zones under the standard instrument prescribed by this Order.
(4)	This clause does not limit the operation of clause 8.

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Schedule 2

Amendment of Standard Instrument prescribed by Standard Instrument

(Local Environmental Plans) Order 2006

Schedule 2

Amendment of Standard Instrument

prescribed by Standard Instrument

(Local Environmental Plans) Order 2006

[1] Clause 1.8, heading

Omit “other local”.

[2] Clause 2.1 Land use zones

Omit “RU4 Rural Small Holdings”.

Insert instead “RU4 Primary Production Small Lots”.

[3] Clauses 2.3 (1) (b) and (c), 2.4 (1), 2.5 (1), 2.6AA, 3.2 (3) (a), 4.2 (3), 4.6 (8), 5.6 (2), 5.8 (2), 5.11 and 5.12 (1)

Insert “development” before “consent” wherever occurring.

[4] Clause 2.4 Unzoned land

Insert “development” before “consent” where firstly occurring in clause 2.4 (2).

[5] Clause 2.6

Omit the clause. Insert instead:

2.6

Subdivision—consent requirements [compulsory]

(1)	Land to which this Plan applies may be subdivided, but only with development consent.
Note. If a subdivision is identified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
(2)	Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note. The definition of *secondary dwelling* in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

[6] Clauses 2.6AA and 2.6BB

Renumber as clauses 2.7 and 2.8, respectively.

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[7] Part 2, Land Use Table

Insert after Direction 3 at the beginning of the Land Use Table:

Direction 4. Respite day care centres must be permitted wherever a

child care centre is permitted in the Land Use Table.

Direction 5. Only the following types of development may be included in

the Land Use Table:

Advertising structures; Agricultural produce industries; Agriculture; Air

transport facilities; Airports; Airstrips; Amusement centres; Animal

boarding or training establishments; Aquaculture; Attached dwellings

Backpackers’ accommodation; Bed and breakfast accommodation; Bee

keeping; Biosolids treatment facilities; Boarding houses; Boat launching

ramps; Boat building and repair facilities; Boat sheds; Building

identification signs; Bulky goods premises; Business identification signs;

Business premises

Camping grounds; Car parks; Caravan parks; Cellar door premises;

Cemeteries; Charter and tourism boating facilities; Child care centres;

Commercial premises; Community facilities; Correctional centres;

Crematoria

Dairies (pasture-based); Dairies (restricted); Depots; Dual occupancies;

Dual occupancies (attached); Dual occupancies (detached); Dwelling

houses

Eco-tourist facilities; Educational establishments; Electricity generating

works; Emergency services facilities; Entertainment facilities;

Environmental facilities; Environmental protection works; Exhibition

homes; Exhibition villages; Extensive agriculture; Extractive industries

Farm buildings; Farm stay accommodation; Feedlots; Flood mitigation

works; Food and drink premises; Forestry; Freight transport facilities;

Function centres; Funeral homes

Garden centres; General industries; Group homes; Group homes

(permanent) or permanent group homes; Group homes (transitional) or

transitional group homes

Hardware and building supplies; Hazardous industries; Hazardous

storage establishments; Health consulting rooms; Health services

facilities; Heavy industrial storage establishments; Heavy industries;

Helipads; Heliports; High technology industries; Highway service

centres; Home-based child care; Home businesses; Home industries;

Home occupations; Home occupations (sex services); Horticulture;

Hospitals; Hostels; Hotel or motel accommodation

Industrial retail outlets; Industrial training facilities; Industries;

Information and education facilities; Intensive livestock agriculture;

Intensive plant agriculture

Jetties

Kiosks

Landscaping material supplies; Light industries; Liquid fuel depots;

Livestock processing industries

Marinas; Markets; Medical centres; Mooring pens; Moorings;

Mortuaries; Multi dwelling housing

Neighbourhood shops

Offensive industries; Offensive storage establishments; Office premises;

Open cut mining

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Port facilities; Public administration buildings; Pubs

Recreation areas; Recreation facilities (indoor); Recreation facilities

(major); Recreation facilities (outdoor); Registered clubs; Research

stations; Residential accommodation; Residential care facilities;

Residential flat buildings; Resource recovery facilities; Respite day care

centres; Restaurants or cafes; Restricted premises; Retail premises;

Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’

dwellings

Sawmill or log processing works; Schools; Secondary dwellings;

Self-storage units; Semi-detached dwellings; Seniors housing; Service

stations; Serviced apartments; Sewage reticulation systems; Sewage

treatment plants; Sewerage systems; Sex services premises; Shops;

Shop top housing; Signage; Stock and sale yards; Storage premises

Take away food and drink premises; Timber yards; Tourist and visitor

accommodation; Transport depots; Truck depots; Turf farming

Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or

hire premises; Veterinary hospitals; Viticulture

Schedule 2

Amendment of Standard Instrument prescribed by Standard Instrument

(Local Environmental Plans) Order 2006

Passenger transport facilities; Places of public worship; Plant nurseries; resource management facilities; Waste or resource transfer stations; Water recreation structures; Water recycling facilities; Water reticulation systems; Water storage facilities; Water supply systems; Water treatment facilities; Wharf or boating facilities; Wholesale supplies

[8] Part 2, Land Use Table (Zone RU1)

Insert in alphabetical order in the Direction at the beginning of the matter relating to Zone RU1 Primary Production:

Intensive livestock agriculture

Intensive plant agriculture

[9] Part 2, Land Use Table (Zones RU1 and R5)

Omit “the” wherever occurring from the 4th dot point of item 1 of the matter relating to Zones RU1 Primary Production and R5 Large Lot Residential.

Insert instead “this”.

[10] Part 2, Land Use Table (Zone RU4)

Omit the matter relating to Zone RU4 Rural Small Holdings. Insert instead:

Zone RU4 Primary Production Small Lots

Direction. The following must be included as either “Permitted without consent”

or “Permitted with consent” for this zone:

Extensive agriculture

Farm buildings

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Intensive plant agriculture

Roads

Roadside stalls

1 Objectives of zone

•	To enable sustainable primary industry and other compatible land uses.
•	To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
•	To minimise conflict between land uses within this zone and land uses within adjoining zones.

2 Permitted without consent

Home occupations

3 Permitted with consent

Dwelling houses; Plant nurseries

4 Prohibited

[11] Part 2, Land Use Table (Zones RU5, R1, R3, R4 and B7)

Insert in alphabetical order in item 3 of the matter relating to Zones RU5 Village, R1 General Residential, R3 Medium Density Residential, R4 High Density Residential and B7 Business Park:

Respite day care centres;

[12] Part 2, Land Use Table (Zone RU6)

Omit “the” from the 2nd dot point of item 1 of the matter relating to Zone RU6

Transition.

Insert instead “this”.

[13] Part 2, Land Use Table (Zone R5)

Omit “allotments” from the 2nd dot point of item 1 of the matter relating to

Zone R5 Large Lot Residential.

Insert instead “lots”.

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[14] Part 2, Land Use Table (Zone B1)

Insert in alphabetical order in item 3 of the matter relating to Zone B1

Neighbourhood Centre:

Medical centres;

Respite day care centres;

[15] Part 2, Land Use Table (Zones B2, B3 and B4)

Omit from item 3 of the matter relating to Zones B2 Local Centre,

B3 Commercial Core and B4 Mixed Use, wherever occurring:

Business premises;

Office premises;

Retail premises;

Insert instead in alphabetical order: Commercial premises; Medical centres;

Respite day care centres;

Restricted premises;

[16] Part 2, Land Use Table (Zone B5)

Omit “specialised retail uses” from item 1 of the matter relating to Zone B5

Business Development.

Insert instead “bulky goods premises”.

[17] Part 2, Land Use Table (Zone B5)

Insert in alphabetical order in item 3 of the matter relating to Zone B5 Business

Development:

Bulky goods premises;

Garden centres;

Hardware and building supplies;

Landscaping material supplies;

Respite day care centres;

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[18] Part 2, Land Use Table (Zone B6)

Omit “and residential uses (but only as part of a mixed use development)” from the second dot point of item 1 of the matter relating to Zone B6 Enterprise Corridor.

[19] Part 2, Land Use Table (Zone B6)

Insert after the Direction at the beginning of the matter relating to Zone B6

Enterprise Corridor:

Direction 2. The following objective must be included if any type of residential accommodation is permitted in this zone:

•	To provide for residential uses, but only as part of a mixed use development.

[20] Part 2, Land Use Table (Zone B6)

Omit from item 3 of the matter relating to Zone B6 Enterprise Corridor:

Landscape and garden supplies;

Timber and building supplies;

Insert instead in alphabetical order:

Garden centres;

Hardware and building supplies;

Landscaping material supplies;

Plant nurseries;

[21] Part 2, Land Use Table (Zones IN1, IN2 and IN3)

Insert at the end of item 1 of the matter relating to Zones IN1 General

Industrial, IN2 Light Industrial and IN3 Heavy Industrial:

•	To support and protect industrial land for industrial uses.

[22] Part 2, Land Use Table (Zones IN1 and IN2)

Insert in alphabetical order in item 3 of the matter relating to Zones IN1

General Industrial and IN2 Light Industrial:

Industrial training facilities;

[23] Part 2, Land Use Table (Zones IN1 and IN3)

Insert in alphabetical order in item 3 of the matter relating to Zones IN1

General Industrial and IN3 Heavy Industrial:

General industries;

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[24] Part 2, Land Use Table (Zone IN3)

Omit from item 3 of the matter relating to Zone IN3 Heavy Industrial:

Hazardous industries; Offensive industries;

[25] Part 2, Land Use Table (Zones IN4 and W3)

Omit “Boat repair facilities;” from item 3 of the matter relating to Zones IN4

Working Waterfront and W3 Working Waterways, wherever occurring.

Insert instead “Boat building and repair facilities;”.

[26] Part 2, Land Use Table (Zones E2 and W1)

Insert “Restricted premises;” in alphabetical order in item 4 of the matter relating to Zones E2 Environmental Conservation and W1 Natural Waterways.

[27] Part 2, Land Use Table (Zone W3)

Insert in alphabetical order in item 3 of the matter relating to Zone W3

Working Waterways:

Wharf or boating facilities

[28] Clause 3.2 Complying development

Insert “or referred to” after “set out” in clause 3.2 (4).

[29] Clause 3.3 Environmentally sensitive areas excluded

Omit paragraph (h) of the definition of environmentally sensitive area for exempt or complying development.

Insert instead:

(h)	land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,

[30] Clause 4.1AA

Insert after clause 4.1:

4.1AA

Minimum subdivision lot size for community title schemes

[optional if clause 4.1 is adopted]

(1)	The objectives of this clause are as follows:

(a)	[set out objectives of the clause]

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(2)	This clause applies to a subdivision of land (being land under a community title scheme and shown on the Lot Size Map) that requires development consent and is carried out after the commencement of this Plan.
Note. Part 6 of State Environmental Planning Policy (Exempt and Complying Development) Codes 2008 provides that the strata subdivision of a building in certain circumstances is specified complying development.
(3)	The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Direction. An exception to the minimum size shown on the Lot Size Map may be provided in certain circumstances, for example, in the case of land that is to be used for attached dwellings.

[31] Clauses 4.2 (2) (c) and 4.6 (6)

Omit “Rural Small Holdings” wherever occurring.

Insert instead “Primary Production Small Lots”.

[32] Clause 4.5 Calculation of floor space ratio and site area

Insert “development” before “consent” where firstly occurring in clause 4.5 (9).

[33] Clause 4.6 Exceptions to development standards

Insert “as follows” after “this clause are” in clause 4.6 (1).

[34] Clause 4.6 (1) (a)

Omit “and”.

[35] Clause 4.6 (2), (3), (4) and (6)

Omit “Consent” wherever occurring. Insert instead “Development consent”.

[36] Clause 5.3 Development near zone boundaries

Insert “development” before “consent” where firstly occurring in clause 5.3 (4).

[37] Clause 5.3 (5)

Omit “The clause”. Insert instead “This clause”.

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[38] Clause 5.4 Controls relating to miscellaneous permissible uses

Insert at the end of clause 5.4 (1):

Note. Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.

[39] Clause 5.4 (4)

Omit the subclause. Insert instead:

(4)

Industrial retail outlets

If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed:

(a)	[insert number not more than 67]% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)	[insert number not more than 400] square metres,

whichever is the lesser.

[40] Clause 5.4 (9) (b)

Omit “both the self-contained dwelling and”.

[41] Clause 5.5 Development within the coastal zone

Omit clause 5.5 (2) (f) and renumber clause 5.5 (2) (g) as clause 5.5 (2) (f).

[42] Clause 5.5 (3) (d)

Insert at the end of clause 5.5 (3) (c):

, and

(d)

the proposed development will not:

(i)	be significantly affected by coastal hazards, or
(ii)	have a significant impact on coastal hazards, or

(iii)

increase the risk of coastal hazards in relation to any other land.

[43] Clause 5.8 Conversion of fire alarms

Omit “New South Wales Fire Brigades” wherever occurring.

Insert instead “Fire and Rescue NSW”.

[44] Clause 5.9 Preservation of trees or vegetation

Omit “[optional]” from the heading to the clause.

Insert instead “[compulsory, except subclause (9) optional]”.

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[45] Clause 5.9 (1)

Insert “, including biodiversity values,” after “the area”.

[46] Clause 5.9 (7)

Omit the subclause (other than the note). Insert instead:

(7)

A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:

(a)	that is or forms part of a heritage item or that is within a heritage conservation area, or
(b)	that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance,

unless the Council is satisfied that the proposed activity:

(c)	is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area, and
(d)	would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.

[47] Clause 5.9 (8) (a)

Omit the paragraph. Insert instead:

(a)

the clearing of native vegetation:

(i)	that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003, or
(ii)	that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

[48] Clause 5.9 (8) (d)

Insert “and Spatial Information” after “Surveying”.

[49] Clause 5.9 (8), note

Insert at the end of the subclause:

Note. Permissibility may be a matter that is determined by or under any of these Acts.

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[50] Clause 5.9 (9)

Insert after clause 5.9 (8):

(9)	Subclause (8) (a) (ii) does not apply in relation to land in Zone R5 Large Lot Residential, E2 Environmental Conservation, E3 Environmental Management or E4 Environmental Living.
Direction. This subclause is an optional provision.

[51] Clause 5.9AA

Insert after clause 5.9:

5.9AA

Trees or vegetation not prescribed by development control plan

[compulsory]

(1)	This clause applies to any tree or other vegetation that is not of a species or kind prescribed for the purposes of clause 5.9 by a development control plan made by the Council.
(2)	The ringbarking, cutting down, topping, lopping, removal, injuring or destruction of any tree or other vegetation to which this clause applies is permitted without development consent.

[52] Clause 5.10 Heritage conservation

Omit the clause. Insert instead:

5.10

Heritage conservation [compulsory]

Note. Heritage items (if any) are listed and described in Schedule 5. The Heritage Map may also show the location of a heritage item. Heritage conservation areas (if any) must be shown on the Heritage Map as well as being described in Schedule 5.

The location and nature of Aboriginal objects and Aboriginal places of heritage significance may be described in Schedule 5 and shown on the sheet of the Heritage Map marked “Aboriginal Heritage Map”.

(1)

Objectives

The objectives of this clause are as follows:

(a)	to conserve the environmental heritage of [Name of local government area or other relevant name],
(b)	to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)	to conserve archaeological sites,
(d)	to conserve Aboriginal objects and Aboriginal places of heritage significance.

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(2)

Requirement for consent

Development consent is required for any of the following:

(a)	demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):

(i) a heritage item,

(ii) an Aboriginal object,

(iii) a building, work, relic or tree within a heritage conservation area,

(b)

altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,

(c)

disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(d)

disturbing or excavating an Aboriginal place of heritage significance,

(e)

erecting a building on land:

(i)	on which a heritage item is located or that is within a heritage conservation area, or
(ii)	on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

(f)

subdividing land:

(i)	on which a heritage item is located or that is within a heritage conservation area, or
(ii)	on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

(3)

When consent not required

However, development consent under this clause is not required

if:

(a)	the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:

(i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a

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building, work, relic, tree or place within the

heritage conservation area, and

(ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or

(b)

the development is in a cemetery or burial ground and the proposed development:

(i)	is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)	would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or

(c)

the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d)

the development is exempt development.

(4)

Effect of proposed development on heritage significance

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5)

Heritage assessment

The consent authority may, before granting consent to any development:

(a)	on land on which a heritage item is located, or
(b)	on land that is within a heritage conservation area, or
(c)	on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

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(6)

Heritage conservation management plans

The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(7)

Archaeological sites

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

(a)	notify the Heritage Council of its intention to grant consent, and
(b)	take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8)

Aboriginal places of heritage significance

The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:

(a)	consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b)	notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

(9)

Demolition of nominated State heritage items

The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:

(a)	notify the Heritage Council about the application, and
(b)	take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(10)

Conservation incentives

The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an

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Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:

(a)	the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b)	the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
(c)	the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
(d)	the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
(e)	the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

[53] Clause 5.12 Infrastructure development and use of existing buildings of the Crown

Omit “under the” from clause 5.12 (1). Insert instead “under”.

[54] Clause 5.13

Insert after clause 5.12:

5.13

Eco-tourist facilities [compulsory if eco-tourist facilities permitted

with consent]

(1)

The objectives of this clause are as follows:

(a)	to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,
(b)	to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.

(2)

This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.

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(3)

The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that:

(a)	there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and
(b)	the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and
(c)	the development will enhance an appreciation of the environmental and cultural values of the site or area, and
(d)	the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and indigenous flora and fauna will be minimal, and
(e)	the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and
(f)	waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and
(g)	the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours materials and landscaping with local indigenous flora, and
(h)	any infrastructure services to the site will be provided without significant modification to the environment, and
(i)	any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and
(j)	the development will not adversely affect the agricultural productivity of adjoining land, and
(k)	the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment:

(i) measures to remove any threat of serious or irreversible environmental damage,

(ii) the maintenance (or regeneration where necessary) of habitats,

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(iii) efficient and minimal energy and water use and waste output,

(iv) mechanisms for monitoring and reviewing the effect of the development on the natural environment,

(v) maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.

[55] Schedule 2 Exempt development

Omit the Direction.

[56] Schedule 2

Omit all matter relating to the following:

Filming

Temporary structures (other than tents and marquees), and temporary alterations or additions to buildings or works, solely for filming purposes

Tents or marquees used solely for filming purposes

[57] Schedule 3 Complying development

Omit Part 2. Insert instead:

Part 2

Complying development certificate

conditions

Note. Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.

General conditions

Any development specified in Part 1 is subject to the same conditions set out in Division 3 of Part 3 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Direction. Other conditions may be included in this Part.

[58] Schedule 5 Environmental heritage

Insert at the beginning of the Schedule:

Direction. This Schedule should generally be divided into 3 parts (one for heritage items, one for heritage conservation areas and one for archaeological sites). If agreement is reached with the Aboriginal community to list Aboriginal objects or Aboriginal places of heritage significance, the Schedule should also include separate parts listing any such object or place. In all cases, the relevant matter should be listed in

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alphabetical order in each respective Part according to suburb or locality significance” unless they are listed on the State Heritage Register. However, a heritage item may be listed in the Schedule as a “nominated item of State significance” (or as “State nominated”) if the item has been identified as an item of potential State significance in a publicly exhibited heritage study and the Council has nominated the item in writing to the Heritage Council.

name (and by street name within each such suburb or locality).

The description of a heritage item should be included in a column

headed “Item” and should include a brief description of those things that

are part of the heritage significance of the item—for example, “House,

front garden and front fence”, or “Lindsey (including homestead,

outbuildings, stables, Bunya Pine tree and driveway)” or “Dunmore Park

(including bandstand, fountain and avenue of fig trees)”. If any interior

features are part of the heritage significance of a heritage item, these

should also be described—for example “Lindsey (including original

bathroom, dining room fireplace with mantelpiece and original detailing

throughout)” or “Lindsey (including all interior features)”. Any thing that

is part of the heritage significance of a heritage item should also be

included in the inventory of heritage items.

[59] Dictionary

Omit the following definitions:

advertising structure

agricultural produce industry

agriculture

airport

aquaculture

archaeological site

attached dwelling

backpackers’ accommodation

bed and breakfast accommodation

biosolid waste application

biosolids treatment facility

boarding house

boat repair facility

brothel

building height (or height of building)

building identification sign

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bulky goods premises

business identification sign

business premises

cellar door premises

cemetery

coastal lake

crematorium

dairy (pasture-based)

demolish

depot

dual occupancy

dwelling house

emergency services organisation

environmental protection works

extensive agriculture

extractive industry

farm stay accommodation

feedlot

food and drink premises

funeral chapel

funeral home

group home

group home (permanent) or permanent group home

group home (transitional) or transitional group home

hazardous industry

hazardous storage establishment

health consulting rooms

health services facility

heavy industry

heliport

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heritage conservation area heritage impact statement heritage item

highway service centre

home business

home industry

home occupation

home occupation (sex services)

horticulture

hospital

hostel

hotel or motel accommodation

industrial retail outlet

industry

intensive livestock agriculture

intensive plant agriculture

kiosk

landscape and garden supplies

light industry

liquid fuel depot

livestock processing industry

maintenance

marina

market

medical centre

mining

mooring

multi dwelling housing

natural water-based aquaculture

neighbourhood shop

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offensive industry

offensive storage establishment

office premises

place of Aboriginal heritage significance

pond-based aquaculture

pub

recreation facility (major)

registered club

relic

residential accommodation

residential care facility

residential flat building

resource recovery facility

restaurant

restricted dairy

restricted premises

retail premises

roadside stall

rural industry

rural supplies

rural worker’s dwelling

sawmill or log processing works

school

secondary dwelling

self-storage units

semi-detached dwelling

seniors housing

serviced apartment

sewage reticulation system

sewage treatment plant

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sewerage system

shop

shop top housing

signage

stock and sale yard

storage premises

take away food and drink premises

tank-based aquaculture

telecommunications facility

timber and building supplies

tourist and visitor accommodation

transport depot

turf farming

vehicle repair station

vehicle sales or hire premises

viticulture

waste disposal facility

waste management facility

waste or resource management facility

waste or resource transfer station

water recycling facility

water reticulation system

water storage facility

water supply system

water treatment facility

Insert instead in alphabetical order:

Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and

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that may be shown on the sheet of the Heritage Map marked

“Aboriginal Heritage Map”, that is:

(a)	the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) 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 grooves, or
(b)	a natural Aboriginal sacred site or other sacred feature. It includes 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.

Note. The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.

advertising structure has the same meaning as in the Act.

Note.

The term is defined as a structure used or to be used principally term in this Dictionary.

for the display of an advertisement.

agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, 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.

Note. Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.

agriculture means any of the following:

(a)	aquaculture,
(b)	extensive agriculture,
(c)	intensive livestock agriculture,
(d)	intensive plant agriculture.

Note. Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.

airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes

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associated buildings, installations, facilities and movement areas

and any heliport that is part of the airport.

Note. Airports are a type of air transport facility—see the definition of that term in this Dictionary.

aquaculture has the same meaning as in the Fisheries

Management Act 1994.

Note. Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.

archaeological site means a place that contains one or more

relics.

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, and
(c)	none of the dwellings is located above any part of another dwelling.

Note. Attached dwellings are a type of residential accommodation— see the definition of that term in this Dictionary.

backpackers’ accommodation means a building or place that:

(a)	provides temporary or short-term accommodation on a commercial basis, and
(b)	has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c)	provides accommodation on a bed or dormitory-style basis (rather than by room).

Note. Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where:

(a)	meals are provided for guests only, and
(b)	cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c)	dormitory-style accommodation is not provided.

Note.

See clause 5.4 for controls relating to the number of bedrooms for accommodation—see the definition of that term in this Dictionary.

bed and breakfast accommodation.

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bee keeping means a building or place used for the keeping and

breeding of bees for commercial purposes.

Note. Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.

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.

Note. Biosolids treatment facilities are a type of sewerage system— see the definition of that term in this Dictionary.

boarding house means a building that:

(a)	is wholly or partly let in lodgings, and
(b)	provides lodgers with a principal place of residence for 3 months or more, and
(c)	may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d)	has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,

but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.

Note. Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.

boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.

brothel has the same meaning as in the Act.

Note. This definition is relevant to the definitions of home occupation

(sex services) and sex services premises in this Dictionary.

building height (or height of building) means the vertical distance between ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

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 does not include general advertising of products, goods or services.

Note. Building identification signs are a type of signage—see the definition of that term in this Dictionary.

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bulky goods premises means a building or place the principal purpose of which is the sale, hire or display of bulky goods, being goods that are of such size or weight as to require:

(a)	a large area for handling, display or storage, and
(b)	direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,

and including goods such as floor and window supplies, furniture, household electrical goods, equestrian supplies and swimming pools, but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.

Note. Bulky goods premises are a type of retail premises—see the definition of that term in this Dictionary.

business identification sign means a sign:

(a)

that indicates:

(i)	the name of the person or business, and
(ii)	the nature of the business carried on by the person at the premises or place at which the sign is displayed, and

(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 contain any advertising relating to a person who

does not carry on business at the premises or place.

Note. Business identification signs are a type of signage—see the definition of that term in this Dictionary.

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 includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.

Note. Business premises are a type of commercial premises—see the definition of that term in this Dictionary.

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camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.

cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.

Note. Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.

cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.

coastal hazard has the same meaning as in the Coastal

Protection Act 1979.

coastal lake means a body of water specified in Schedule 1 to

State Environmental Planning Policy No 71—Coastal

Protection.

coastal protection works has the same meaning as in the Coastal

Protection Act 1979.

commercial premises means any of the following:

(a)	business premises,
(b)	office premises,
(c)	retail premises.

crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.

dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are 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).

Note. Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.

dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar

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emergency relief). It may comprise the whole or part of a

restriction facility.

Note. Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.

demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree. 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, but does not include a farm building.

dual occupancy means a dual occupancy (attached) or a dual

occupancy (detached).

Note. Dual occupancies are a type of residential accommodation— see the definition of that term in this Dictionary.

dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.

Note. Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.

dual occupancy (detached) means 2 detached dwellings on one

lot of land, but does not include a secondary dwelling.

Note. Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.

dwelling house means a building containing only one dwelling.

Note. Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.

eco-tourist facility means a building or place that:

(a)	provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)	is located in or adjacent to an area with special ecological or cultural features, and
(c)	is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.

It may include facilities that are used to provide information or education to visitors and to exhibit or display items.

Note.

See clause 5.13 for requirements in relation to the granting of accommodation—see the definition of that term in this Dictionary.

development consent for eco-tourist facilities.

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emergency services organisation means any of the following:

(a)	Ambulance Service of New South Wales,
(b)	Fire and Rescue NSW,
(c)	NSW Rural Fire Service,
(d)	NSW Police Force,
(e)	State Emergency Service,
(f)	New South Wales Volunteer Rescue Association Incorporated,
(g)	New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h)	an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.

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, but does not include coastal protection works.

extensive agriculture means any of the following:

(a)	the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)	the grazing of livestock for commercial purposes,
(c)	bee keeping,
(d)	a dairy (pasture-based).

Note. Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.

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.

Note. Extractive industries are not a type of industry—see the definition of that term in this Dictionary.

farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.

Note.

See clause 5.4 for controls relating to the number of bedrooms. accommodation—see the definition of that term in this Dictionary.

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feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, fed (wholly or substantially) on prepared and manufactured feed, for the purpose of meat production or fibre products, but does not include a poultry farm, dairy or piggery.

Note. Feedlots are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.

food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:

(a)	a restaurant or cafe,
(b)	take away food and drink premises,
(c)	a pub.

Note. Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.

funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.

Note. Funeral homes are a type of business premises—see the definition of that term in this Dictionary.

garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may, if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any the following:

(a)	outdoor furniture and furnishings, barbeques, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)	pets and pet supplies,
(c)	fresh produce.

Note. Garden centres are a type of retail premises—see the definition of that term in this Dictionary.

general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.

Note. General industries are a type of industry—see the definition of that term in this Dictionary.

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group home means a permanent group home or a transitional

group home.

Note. Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.

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.

Note. Permanent group homes are a type of group home—see the definition of that term in this Dictionary.

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.

Note. Transitional group homes are a type of group home—see the definition of that term in this Dictionary.

hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.

Note. Hardware and building supplies are a type of retail premises— see the definition of that term in this Dictionary.

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hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality:

(a)	to human health, life or property, or
(b)	to the biophysical environment.

Note. Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.

hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, 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 building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality:

(a)	to human health, life or property, or
(b)	to the biophysical environment.

Note. Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.

health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.

Note. Health consulting rooms are a type of health services facility— see the definition of that term in this Dictionary.

health services facility means a building or place used 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 any of the following:

(a)	a medical centre,
(b)	community health service facilities,
(c)	health consulting rooms,
(d)	patient transport facilities, including helipads and ambulance facilities,
(e)	hospital.

heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other

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development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following:

(a)	a hazardous storage establishment,
(b)	a liquid fuel depot,
(c)	an offensive storage establishment.

heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes:

(a)	hazardous industry, or
(b)	offensive industry.

It may also involve the use of a hazardous storage establishment or offensive storage establishment.

Note. Heavy industries are a type of industry—see the definition of that term in this Dictionary.

heliport means a place open to the public that is 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.

Note. Heliports are a type of air transport facility—see the definition of that term in this Dictionary.

heritage conservation area means an area of land of heritage

significance:

(a)	shown on the Heritage Map as a heritage conservation area, and
(b)	the location and nature of which is described in Schedule 5,

and includes any heritage items situated on or within that area.

heritage impact statement means a document consisting of:

(a)	a statement demonstrating the heritage significance of a heritage item or 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 building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.

Note. Heritage items may be shown on the Heritage Map. An inventory of heritage items is also available at the office of the Council.

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heritage management document means:

(a)	a heritage conservation management plan, or
(b)	a heritage impact statement, or
(c)	any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.

high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following:

(a)	electronic or micro-electronic systems, goods or components,
(b)	information technology (such as computer software or hardware),
(c)	instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)	biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)	film, television or multi-media technologies, including any post production systems, goods or components,
(f)	telecommunications systems, goods or components,
(g)	sustainable energy technologies,
(h)	any other goods, systems or components intended for use in a science or technology related field,

but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.

Note. High technology industries are a type of light industry—see the definition of that term in this Dictionary.

highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following:

(a)	a restaurant or cafe,
(b)	take away food and drink premises,
(c)	service stations and facilities for emergency vehicle towing and repairs,

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(d)	parking for vehicles,
(e)	rest areas and public amenities.

home business means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and 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 signage (other than a business identification sign), 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.

Note. See clause 5.4 for controls relating to the floor area used for a home business.

home industry means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following:

(a)	the employment of more than 2 persons other than those residents,
(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,
(c)	the exposure to view, from any adjacent premises or from any public place, of any unsightly matter,
(d)	the exhibition of any signage (other than a business identification sign),

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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.

Note.

See clause 5.4 for controls relating to the floor area used for a term in this Dictionary.

home industry.

home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more 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, 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 signage (other than a business identification sign), 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, home

occupation (sex services) or sex services premises.

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 signage, 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

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for commercial purposes, but does not include a plant nursery,

turf farming or viticulture.

Note. Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

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 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, kiosks, restaurants or cafes or take-away food and drink premises,
(e)	patient transport facilities, including helipads, ambulance facilities and car parking,
(f)	educational purposes or any other health-related use,
(g)	research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)	chapels,

(i) hospices,

(j)	mortuaries.

Note. Hospitals are a type of health services facility—see the definition of that term in this Dictionary.

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.

Note. Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.

hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that

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provides temporary or short-term accommodation on a

commercial basis and that:

(a)	comprises rooms or self-contained suites, and
(b)	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.

Note. Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.

industrial retail outlet means a building or place that:

(a)	is used in conjunction with an industry or rural industry, and
(b)	is situated on the land on which the industry or rural industry is located, and
(c)	is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,

but does not include a warehouse or distribution centre.

Note. See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.

industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.

industry means any of the following:

(a)	general industry,
(b)	heavy industry,
(c)	light industry,

but does not include:

(d)	rural industry, or

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(e)	extractive industry, or
(f)	mining.

intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses or other livestock that are fed wholly or substantially on externally-sourced feed, and includes any of the following:

(a)	dairies (restricted),
(b)	feedlots,
(c)	piggeries,
(d)	poultry farms,

but does not include extensive agriculture, aquaculture or the

operation of facilities for drought or similar emergency relief.

Note. Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.

intensive plant agriculture means any of the following:

(a)	the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)	horticulture,
(c)	turf farming,
(d)	viticulture.

Note. Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.

kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.

kiosk.	Note. See clause 5.4 for controls relating to the gross floor area of a this Dictionary.
*landscaping material supplies* means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note. Landscaping material supplies are a type of *retail premises*—see the definition of that term in this Dictionary.
*light industry* means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste

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products, grit or oil, or otherwise, and includes any of the

following:

(a)	high technology industry,
(b)	home industry.

Note. Light industries are a type of industry—(see the definition of that term in this Dictionary.

liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.

Note. Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.

livestock processing industry means a building or place used for 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 abattoirs, knackeries, tanneries, woolscours and rendering plants.

Note. Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.

maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but 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.

marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities:

(a)	any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)	any facility for providing fuelling, sewage pump-out or other services for boats,
(c)	any facility for launching or landing boats, such as slipways or hoists,
(d)	any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)	any berthing or mooring facilities.

market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders,

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and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.

Note. Markets are a type of retail premises—see the definition of that term in this Dictionary.

medical centre means premises that are 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. It may include the ancillary provision of other health services.

Note. Medical centres are a type of health services facility—see the definition of that term in this Dictionary.

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.

Note. Mining is not a type of industry—see the definition of that term in this Dictionary.

mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.

mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.

multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.

Note. Multi dwelling housing is a type of residential accommodation— see the definition of that term in this Dictionary.

neighbourhood shop means premises used for the purposes of selling general merchandise 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.

Note.

See clause 5.4 for controls relating to the retail floor area of in this Dictionary.

neighbourhood shops.

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nominated State heritage item means a heritage item that:

(a)	has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)	the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.

offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity 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 existing or likely future development on other land in the locality.

Note. Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.

offensive storage establishment means a building or place that is used for the storage of goods, materials or products 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 building or place 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 existing or likely future development on other land in the locality.

Note. Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.

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.

Note. Office premises are a type of commercial premises—see the definition of that term in this Dictionary.

open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.

plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any

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such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.

Note. Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.

pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail 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.

Note. Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.

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 theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.

registered club means a club that holds a club licence under the

Liquor Act 2007.

relic has the same meaning as in the Heritage Act 1977.

Note. The term is defined as follows:

relic means any deposit, artefact, object or material evidence that:

(a)	relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b)	is of State or local heritage significance.

residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following:

(a)	attached dwellings,
(b)	boarding houses,
(c)	dual occupancies,
(d)	dwelling houses,
(e)	group homes,
(f)	hostels,
(g)	multi dwelling housing,
(h)	residential flat buildings,

(i) rural workers’s dwellings,

(j)	secondary dwellings,
(k)	semi-detached dwellings,
(l)	seniors housing,

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(m)	shop top housing,

but does not include tourist and visitor accommodation or

caravan parks.

residential care facility means accommodation for seniors 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,

but does not include a dwelling, hostel, hospital or psychiatric

facility.

Note. Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.

residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.

Note. Residential flat buildings are a type of residential accommodation— see the definition of that term in this Dictionary.

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, composting, 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.

Note. Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.

restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, takeaway meals and drinks or entertainment are also provided.

Note. Restaurants or cafes are a type of food and drink premises— see the definition of that term in this Dictionary.

restricted premises means 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 a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.

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retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;

(a)	bulky goods premises,
(b)	cellar door premises,
(c)	food and drink premises,
(d)	garden centres,
(e)	hardware and building supplies,
(f)	kiosks,
(g)	landscaping material supplies,
(h)	markets,

(i) plant nurseries,

(j)	roadside stalls,
(k)	rural supplies,
(l)	shops,
(m)	timber yards,
(n)	vehicle sales or hire premises,

but does not include highway service centres, service stations,

industrial retail outlets or restricted premises.

Note. Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.

roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.

Note.

See clause 5.4 for controls relating to the gross floor area of term in this Dictionary.

roadside stalls.

rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following:

(a)	agricultural produce industries,
(b)	livestock processing industries,
(c)	composting facilities and works (including the production of mushroom substrate),

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(d)	sawmill or log processing works,
(e)	stock and sale yards,
(f)	the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.

Note. Rural industries are not a type of industry—see the definition of that term in this Dictionary.

rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.

Note. Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.

rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.

Note. Rural worker’s dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

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.

Note. Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.

school means a government school or non-government school

within the meaning of the Education Act 1990.

Note. Schools are a type of educational establishment—see the definition of that term in this Dictionary.

secondary dwelling means a self-contained dwelling that:

(a)	is established in conjunction with another dwelling (the *principal dwelling*), and
(b)	is on the same lot of land as the principal dwelling, and
(c)	is located within, or is attached to, or is separate from, the principal dwelling.

Note.

See clause 5.4 for controls relating to the total floor area of the definition of that term in this Dictionary.

secondary dwellings.

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self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).

Note. Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.

semi-detached dwelling means a dwelling that is on its own lot

of land and is attached to only one other dwelling.

Note. Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

seniors housing means a building or place that is:

(a)	a residential care facility, or
(b)	a hostel within the meaning of clause 12 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, or
(c)	a group of self-contained dwellings, or
(d)	a combination of any of the buildings or places referred to in paragraphs (a)–(c),

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
(g)	staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,

but does not include a hospital.

Note. Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.

serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and 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.

Note. Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

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

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(d)	odour control works, and
(e)	sewage overflow structures, and
(f)	vent stacks.

Note. Sewage reticulation systems are a type of sewerage system— see the definition of that term in this Dictionary.

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.

Note. Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.

sewerage system means any of the following:

(a)	biosolids treatment facility,
(b)	sewage reticulation system,
(c)	sewage treatment plant,
(d)	water recycling facility,
(e)	a building or place or place that is a combination of any of the things referred to in paragraphs (a)–(d).

shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises.

Note. Shops are a type of retail premises—see the definition of that term in this Dictionary.

shop top housing means one or more dwellings located above

ground floor retail premises or business premises.

Note. Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.

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 any of the following:

(a)	an advertising structure,
(b)	a building identification sign,
(c)	a business identification sign,

but does not include a traffic sign or traffic control facilities.

stock and sale yard means a building or place that is used on a

commercial basis for the purpose of offering livestock or poultry

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for sale and that may be used for the short-term storage and

watering of stock.

Note. Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.

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 industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include heavy industrial storage premises or a warehouse or distribution centre.

take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

Note. Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.

telecommunications facility means:

(a)	any part of the infrastructure of a telecommunications network, or
(b)	any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)	any other thing used in or in connection with a telecommunications network.

timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.

Note. Timber yards are a type of retail premises—see the definition of that term in this Dictionary.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:

(a)	backpackers’ accommodation,
(b)	bed and breakfast accommodation,
(c)	farm stay accommodation,
(d)	hotel or motel accommodation,

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(e)	serviced apartments,

but does not include:

(f)	camping grounds, or
(g)	caravan parks, or
(h)	eco-tourist facilities.

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 business, industry, shop or passenger or freight transport undertaking.

turf farming means the commercial cultivation of turf for sale

and the removal of turf for that purpose.

Note. Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

underground mining means:

(a)	mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)	shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),

but does not include open cut mining.

vehicle repair station means a building or place used for the

purpose of carrying out repairs to, or the selling and fitting of

accessories to, vehicles or agricultural machinery, but does not

include a vehicle body repair workshop or vehicle sales or hire

premises.

vehicle sales or hire premises means a building or place used for

the display, sale or hire of motor vehicles, caravans, boats,

trailers, agricultural machinery and the like, whether or not

accessories are sold or displayed there.

Note. Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.

viticulture means the cultivation of grapes for use in the

commercial production of fresh or dried fruit or wine.

Note. Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

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

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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.

Note. Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

waste or resource management facility means any of the

following:

(a)	a resource recovery facility,
(b)	a waste disposal facility,
(c)	a waste or resource transfer station,
(d)	a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

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.

Note. Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.

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
(b)	treatment works, and
(c)	irrigation schemes.

Note. Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.

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.

Note. Water reticulation systems are a type of water supply system— see the definition of that term in this Dictionary.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

Note. Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.

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water supply system means any of the following:

(a)	a water reticulation system,
(b)	a water storage facility,
(c)	a water treatment facility,
(d)	a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

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.

Note. Water treatment facilities are a type of water supply system— see the definition of that term in this Dictionary.

wharf or boating facilities means a wharf (or any of the following facilities associated with a wharf or boating) that are not port facilities:

(a)	facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)	facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)	wharves for commercial fishing operations,
(d)	refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)	sea walls or training walls,
(f)	administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.