New South Wales Consolidated Acts New South Wales Consolidated Acts(cf previous s 4)
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires--
"advertisement" means a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
"advertising structure" means a structure used or to be used principally for the display of an advertisement.
"affordable housing" means housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
"amend" includes alter, vary or substitute (and amend provisions or a document includes amend a map or spatial dataset adopted by or under the provisions or document).
"area" has the same meaning as it has in the Local Government Act 1993 .
"authorised fire officer" --see section 9.35(1)(d).
"brothel" means a brothel within the meaning of the Restricted Premises Act 1943 , other than premises used or likely to be used for the purposes of prostitution by no more than one prostitute.
"building" includes part of a building, and also includes any structure or part of a structure (including any temporary structure or part of a temporary structure), but does not include a manufactured home, moveable dwelling or associated structure within the meaning of the Local Government Act 1993 .
"Building Code of Australia" means the document, published by or on behalf of the Australian Building Codes Board, that is prescribed for purposes of this definition by the regulations, together with--(a) the amendments made by the Board and prescribed by the regulations, and(b) the variations approved by the Board in relation to New South Wales and prescribed by the regulations, and(c) the variations prescribed by the regulations.
"building work" --see Part 6.
"certifier" --see Part 6.Note : Under Part 6, a certifier is a council or a person registered as a registered certifier under the Building and Development Certifiers Act 2018 acting in respect of matters to which the registration applies.
"change of building use" means a change of use of a building from a use that the Building Code of Australia recognises as appropriate to one class of building to a use that the Building Code of Australia recognises as appropriate to a different class of building.
"city" , in the Six Cities Region, means an area of land described as a city in Schedule 9.
"community participation plan" means a community participation plan prepared and published under Division 2.6.
"complying development" is development for which provision is made as referred to in section 4.2(5).
"complying development certificate" means a complying development certificate referred to in section 4.27.
"consent authority" --see Division 4.2.
"construction certificate" ,
"subdivision works certificate" ,
"occupation certificate" ,
"subdivision certificate" ,
"compliance certificate" --see Part 6.
"control" , in relation to development or any other act, matter or thing, means--(a) consent to, permit, regulate, restrict or prohibit that development or that other act, matter or thing, either unconditionally or subject to conditions, or(b) confer or impose on a consent authority functions with respect to consenting to, permitting, regulating, restricting or prohibiting that development or that other act, matter or thing, either unconditionally or subject to conditions.
"council" has the same meaning as it has in the Local Government Act 1993 .
"Court" means the Land and Environment Court.
"Crown land" has the same meaning as in the Crown Land Management Act 2016 .
"demolition" of a building or work includes enclosing a public place in connection with the demolition of a building or work.
"Department" means the Department of Planning and Environment.
"designated development" has the meaning given by section 4.10.
"designated Sydney districts" means the following cities in the Six Cities Region, as described in Schedule 9--(a) the Eastern Harbour City,(b) the Central River City,(c) the Western Parkland City.
"development" --see section 1.5.
"development application" means an application for consent under Part 4 to carry out development but does not include an application for a complying development certificate.
"development area" means land constituted as a development area in accordance with Division 7.3.
"development consent" means consent under Part 4 to carry out development and includes, unless expressly excluded, a complying development certificate.
"development control order" means an order under Division 9.3.
"development control plan" (or
"DCP" ) means a development control plan made, or taken to have been made, under Division 3.6 and in force.
"development standards" means provisions of an environmental planning instrument or the regulations in relation to the carrying out of development, being provisions by or under which requirements are specified or standards are fixed in respect of any aspect of that development, including, but without limiting the generality of the foregoing, requirements or standards in respect of--(a) the area, shape or frontage of any land, the dimensions of any land, buildings or works, or the distance of any land, building or work from any specified point,(b) the proportion or percentage of the area of a site which a building or work may occupy,(c) the character, location, siting, bulk, scale, shape, size, height, density, design or external appearance of a building or work,(d) the cubic content or floor space of a building,(e) the intensity or density of the use of any land, building or work,(f) the provision of public access, open space, landscaped space, tree planting or other treatment for the conservation, protection or enhancement of the environment,(g) the provision of facilities for the standing, movement, parking, servicing, manoeuvring, loading or unloading of vehicles,(h) the volume, nature and type of traffic generated by the development,(i) road patterns,(j) drainage,(k) the carrying out of earthworks,(l) the effects of development on patterns of wind, sunlight, daylight or shadows,(m) the provision of services, facilities and amenities demanded by development,(n) the emission of pollution and means for its prevention or control or mitigation, and(o) such other matters as may be prescribed.
"ecologically sustainable development" has the same meaning it has in section 6(2) of the Protection of the Environment Administration Act 1991 .
"environment" includes all aspects of the surroundings of humans, whether affecting any human as an individual or in his or her social groupings.
"environmental planning instrument" means an environmental planning instrument (including a SEPP or LEP but not including a DCP) made, or taken to have been made, under Part 3 and in force.
"erection" of a building includes--(a) the rebuilding of, the making of alterations to, or the enlargement or extension of, a building, or(b) the placing or relocating of a building on land, or(c) enclosing a public place in connection with the construction of a building, or(d) erecting an advertising structure over a public road, or(e) extending a balcony, awning, sunshade or similar structure or an essential service pipe beyond the alignment of a public road,but does not include any act, matter or thing excluded by the regulations (either generally for the purposes of this Act or only for the purposes of specified provisions of this Act).
"exempt development" --see section 1.6.
"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.
"Independent Planning Commission" means the Independent Planning Commission constituted under Part 2.
"integrated development" has the meaning given by section 4.46.
"land" includes--(a) the sea or an arm of the sea,(b) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or non-tidal, and(c) a river, stream or watercourse, whether tidal or non-tidal, and(d) a building erected on the land.
"local environmental plan" (or
"LEP" )--see section 3.13(2).
"local planning panel" means a local planning panel constituted under Part 2.
"Ministerial planning order" means an order made by the Minister and published on the NSW planning portal.
"NSW planning portal" means the website with the URL of www.planningportal.nsw.gov.au, or any other website, used by the Planning Secretary to provide public access to documents or other information in the NSW planning database.
"objector" means a person who has made a submission under Schedule 1 by way of objection to a development application for consent to carry out designated development.
"occupier" includes a tenant or other lawful occupant of premises, not being the owner.
"owner" has the same meaning as in the Local Government Act 1993 .
"owner-builder" has the same meaning as in the Home Building Act 1989 .
"person" includes an unincorporated group of persons or a person authorised to represent that group.
"place of shared accommodation" includes a boarding house, a common lodging house, a house let in lodgings and a backpackers hostel.
"Planning Ministerial Corporation" means the corporation constituted under Part 2.
"Planning Secretary" means the Secretary of the Department of Planning and Environment.
"premises" means any of the following--(a) a building of any description or any part of it and the appurtenances to it,(b) manufactured home, moveable dwelling or associated structure within the meaning of the Local Government Act 1993 ,(b1) a vehicle of any description,(c) land, whether built on or not,(d) a tent,(e) a swimming pool,(f) a ship or vessel of any description (including a houseboat).
"principal contractor" for building work means the person responsible for the overall co-ordination and control of the carrying out of the building work.Note : If any residential building work is involved, the principal contractor must be the holder of a contractor licence under the Home Building Act 1989 .
"prohibited development" means--(a) development the carrying out of which is prohibited on land by the provisions of an environmental planning instrument that apply to the land, or(b) development that cannot be carried out on land with or without development consent.
"provision for fire safety" means provision for any or all of the following--(a) the safety of persons in the event of fire,(b) the prevention of fire,(c) the detection of fire,(d) the suppression of fire,(e) the prevention of the spread of fire.
"public authority" means--(a) a public or local authority constituted by or under an Act, or(b) a Public Service agency, or(c) a statutory body representing the Crown, or(d) a Public Service senior executive within the meaning of the Government Sector Employment Act 2013 , or(e) a statutory State owned corporation (and its subsidiaries) within the meaning of the State Owned Corporations Act 1989 , or(f) a chief executive officer of a corporation or subsidiary referred to in paragraph (e), or(g) a person prescribed by the regulations for the purposes of this definition.
"public place" has the same meaning as in the Local Government Act 1993 .
"public reserve" has the same meaning as in the Local Government Act 1993 .
"public road" has the same meaning as in the Roads Act 1993 .
"registered certifier" means a person registered under the Building and Development Certifiers Act 2018 acting in respect of matters to which the registration applies.
"Registration Secretary" means the Secretary within the meaning of the Building and Development Certifiers Act 2018 .
"regulation" means a regulation made under this Act.
"residential building work" has the same meaning as in the Home Building Act 1989 .
"Six Cities Region" means the region described in Schedule 9.
"State environmental planning policy" (or
"SEPP" )--see section 3.13(2).
"State significant development" has the meaning given by Division 4.7.
"State significant infrastructure" has the meaning given by Division 5.2.
"subdivision of land" --see Part 6.
"subdivision work" --see Part 6.
"Sydney district or regional planning panel" means a Sydney district planning panel or a regional planning panel constituted under Part 2.
"temporary structure" includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
"Tier 1, Tier 2 or Tier 3 monetary penalty" , in relation to an offence, indicates the maximum monetary penalty that a court may impose for the offence--see sections 9.52- 9.54 for the relevant maximum amounts.
"use" of land includes a change of building use.
"work" includes any physical activity in relation to land that is specified by a regulation to be a work for the purposes of this Act, but does not include a reference to any activity that is specified by a regulation not to be a work for the purposes of this Act.
The
"carrying out" of a work includes--(a) the renewal of, the making of alterations to, or the enlargement or extension of, a work, or(b) enclosing a public place in connection with the carrying out of a work.Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(3) Where functions are conferred or imposed by or under this Act on a council--(a) except as provided in paragraph (b), those functions may be exercised in respect of an area by the council of that area, or(b) if the functions are conferred or imposed in respect of part of an area, those functions may be exercised in respect of that part by the council of that area.
(3A) Where functions are conferred or imposed by or under this Act on a public authority, being a Public Service agency or some other unincorporated group of persons, those functions may be exercised by a person who is authorised to exercise those functions on behalf of the public authority.
(5) A reference in this Act to an authority or person preparing a document includes a reference to the authority or person causing the document to be prepared on the authority's or person's behalf.
(7) A reference in this Act to a direction is a reference to a direction in writing.
(8) A power, express or implied, to make or give an order, direction, declaration, determination or other instrument under this Act or under an instrument made under this Act includes a power to revoke or amend the order, direction, declaration, determination or other instrument.
(10) A reference in this Act to any act, matter or thing as specified in an environmental planning instrument includes a reference to any act, matter or thing that is of a class or description as specified in such an instrument.
(11) A reference in this Act to the granting of consent includes a reference to the granting of consent subject to conditions.
(12) Without affecting the generality of section 8(b) of the Interpretation Act 1987 , a reference in this Act to the owner or lessee of land includes a reference to joint or multiple owners or lessees of land.
(13) Notes in this Act are explanatory notes and do not form part of this Act.
(14) A reference in this Act to an original document, map or plan includes a reference to a document, map or plan created, or a copy of which is kept, in electronic form.
(15) A reference in this Act to a map includes a reference to a spatial dataset.