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BOTANY LOCAL ENVIRONMENTAL PLAN 1995 - SCHEDULE 1

SCHEDULE 1 – Definitions

(Refer to Clause 7)


"Aboriginal object" means any deposit, object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.

"Aboriginal place" means any place declared to be an Aboriginal place under section 84 of the National Parks and Wildlife Act 1974 by the Minister administering that Act.

"acid sulfate soil planning map" means the map marked "Botany Local Environmental Plan 1995 (Amendment No 24)" kept in the office of the Council.

"acid sulfate soils" means actual or potential acid sulfate soils, as defined in the ASS Manual.

"Acid Sulfate Soils Assessment Guidelines" means the Acid Sulfate Soils Assessment Guidelines in the ASS Manual.

"air freight forwarder" means a building or place used for the assembly, storage or land transport of air freight.

"air impurity" includes smoke, dust (including fly ash), cinders, solid particles of any kind, gases, fumes, mists, odours and radioactive substances.

"air pollution" means the emission into the air of any air impurity.

"airport-related industry" means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for a commercial purpose related to the Sydney (Kingsford Smith) Airport, but does not include any of the following--

(a) any industry elsewhere defined for the purposes of this plan,
(b) any hazardous or offensive development or potentially hazardous or offensive development under State Environmental Planning Policy No 33--Hazardous and Offensive Development ,
(c) any development that is declared to be designated development by the Environmental Planning and Assessment Regulation 2000 ,
(d) any offensive storage establishment,
(e) any materials recycling yard,
(f) any hazardous storage establishment.

"airport-related land use" means a building or place used as an office or for other business or commercial purposes or industry related to Sydney (Kingsford Smith) Airport, and includes a building or place used for the provision of--
(a) services related to any of the following uses carried out at Sydney (Kingsford Smith) Airport--
(i) the assembly, storage or land transport of air freight,
(ii) the accommodation or transportation of air passengers by air or land,
(iii) the operation, maintenance or repair of aircraft or aircraft components,
(iv) the administrative functions associated with the airport, such as airport management and security,
(v) the functions of government departments and authorities related to air passengers and air freight, and
(b) services provided for hotel or motel guests, including banking, dry cleaning, hairdressing and the like, that are located within the confines of the hotel or motel building.

"amusement centre" means a building or place used principally for the purposes of playing--
(a) billiards, pool or similar games, or
(b) electrically or mechanically operated amusement devices such as pinball machines and the like,
but does not include clubs or hotels.

"ANEF" means Australian noise exposure forecast within the meaning of AS 2021 .

"ANEF contour" means the noise exposure contour of ANEF shown on a plan of Sydney (Kingsford-Smith) Airport or surrounding land prepared by the Federal Airports Corporation or other appropriate Commonwealth public authority.

"appointed day" means the day on which this plan was published in the Gazette.

"archaeological site" means a site of one or more relics.

"AS 2021" means Australian Standard AS 2021--2000, Acoustics--Aircraft noise intrusion--Building siting and construction published by Standards Australia as in force for the time being.

"ASS Manual" means the document titled Acid Sulfate Soil Manual published by the Acid Sulfate Soils Management Advisory Committee, as adopted for the time being by the Director-General.

"automotive use" means a use of a building or work or land for the sale or installing (or both) of automotive accessories, such as tyres, fittings and car batteries, but does not include any other use elsewhere defined for the purposes of this plan.

"building identification sign" means a sign that identifies or names a building, and that may include the name of a business or building, the street number of a building, the nature of a business and a logo or other symbol that identifies the business, but that does not include general advertising of products, goods or services.

"business identification sign" means a sign--
(a) that indicates--
(i) the business carried on by a person at the premises or place at which the sign is displayed, and
(ii) the name of the person, and
(b) that may include the address of the premises or place and a logo or other symbol that identifies the business,
but does not include any advertising relating to a person who does not carry on business at the premises or place.

"car parking facility" means a building or place used for parking vehicles, whether operated for gain or not, and any manoeuvring space or access to that building or place, but does not include car parking ancillary to a permissible use.

"caretaker's residence" means a residence used for the purpose of providing ancillary support services to the principal industrial use of the land on which the residence is located, if--
(a) the residence is necessary for the security and/or supervision of the principal use of the land, and
(b) the principal use of the land has been established, and
(c) the residence is physically linked to or within the curtilage of a building used for industrial purposes.

"child care centre" means a building or place used for the purpose of supervising or caring for children which--
(a) caters for 6 or more under-school-age children, whether or not those children are related to the owner or operator of the child care centre, and
(b) may be used for the purpose of education, and
(c) may be operated for the purpose of gain,
but does not include a building or place providing residential care for those children.

"community facility" means a building or place or facility owned or controlled by a public authority or a body of persons which, in the opinion of the Council, provides for the physical, social, cultural or intellectual development or welfare of the community, but does not include a building or place elsewhere defined for the purposes of this plan.

"conservation management plan" means a document, prepared in accordance with the requirements of the Heritage Office, that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

"container terminal" means an area or place where the contents of maritime containers are unloaded for the purpose of their further consignment to other places or where goods, brought from other places, are loaded into containers for their consignment as one load, or where containers are repaired, refitted or stored.

"convenience shop or facility" means a shop or a facility, other than a supermarket, which, in the opinion of the Council, is necessary for the daily convenience needs of the workforce of the locality in which it is situated, and includes a chemist shop, milk bar, fruit shop, newsagent, smallgoods or sandwich shop, banks, credit unions and the like.

"Council" means the Council of the City of Botany Bay.

"customs agency" means premises used for the provision of customs services in relation to the import or export of goods through Port Botany or Sydney Airport, or both places, but which are not used for any on-site warehousing or on-site distribution of goods.

"demolition" of a building or work, or a heritage item, or an item listed on the State Heritage Register, or a place listed on the Register of the National Estate, or a relic, tree or place within a heritage conservation area, or a place of Aboriginal heritage significance, or a potential place of Aboriginal heritage significance shown on the map, or an archaeological site, or a potential archaeological site shown on the map, means to damage, deface, destroy, or pull down or remove, the same (whether in whole or in part).

"detached dwelling-house" means a dwelling-house that is not attached to another dwelling-house by a common wall, party wall, separating wall, ceiling, floor, breezeway, carport or any other structure.

"endangered ecological community" has the same meaning as in the Act.

"environmental analysis" means a site-specific assessment that identifies, in the context of an environmental management plan adopted by Sydney Water Corporation, the potential environmental impacts and aspects of proposed restoration works, and which includes (without limitation)--
(a) a description of the work activities, and
(b) the potential impacts of the work activities, and
(c) the proposed control measures or management procedures to minimise potential impacts, and
(d) the impact on, and proposed control of, stormwater on the adjoining wetlands, and
(e) a monitoring and inspection program, and
(f) statements of responsibility for all contractors and subcontractors.

"environmental educational project" means an activity, managed by a public authority, that promotes educational or scientific study of the wetlands or associated riparian vegetation and ecological community without a significant impact on the aquatic, riparian or terrestrial habitats, such as controlled public tours, the stream watch program and other non-destructive research activities.

"environmental restoration works" means works that are carried out to restore or enhance the natural value of wetlands and that do not have a significant impact on the aquatic, riparian or terrestrial environment, and includes--
(a) carp control, and
(b) works to restore or enhance--
(i) plant communities, or
(ii) water levels, or
(iii) water flow, or
(iv) soil composition.

"general advertising" means a display by the use of symbols, messages or other devices for promotional purposes or for the conveying of information, instructions, directions or the like (whether or not the display includes the erection of a structure or the carrying out of a work) that is unrelated, in its content, to the use of the property on which the display is to be located.

"greenhouse effect" means the extra warming of the earth due to absorption of the earth's emitted infra-red radiation by greenhouse gases.

"greenhouse gases" means the following gases: carbon dioxide, methane, nitrous oxide, chlorofluorocarbons, tropospheric ozone and any other compounds or component, the breakdown of which could form any of those gases and lead to ozone depletion.

"gross floor area" means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level excluding the following--
(a) columns, fin walls, sun control devices and any other elements, projections or works outside the general line of the outer face of the external walls,
(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts,
(c) car parking at basement and at grade (ground level) and 50% of the car parking area provided at first floor level (and any internal access to that car parking), being car parking that is needed to meet any requirements of the Council,
(d) space for the loading and unloading of goods,
(e) designated storage spaces (if any) designated for personal items associated with multi unit housing, residential flat buildings and mixed development.

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

"hazardous industry" means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality--
(a) to human health, life or property, or
(b) to the biophysical environment.

"hazardous storage establishment" means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk in relation to the locality--
(a) to human health, life or property, or
(b) to the biophysical environment.

"health care professional" means a person who renders professional health services to members of the public, and includes acupuncturists, chiropractors, dentists, homeopaths, medical practitioners (general practitioner or specialist), naturopaths, orthodontists, osteopaths, physiotherapists, podiatrists or any other like professionals.

"heritage conservation area" means an area of land that is shown hatched on the map, and that is identified in Schedule 3 as a heritage conservation area, and includes buildings, works, archaeological sites, trees and places situated on or within the land.

"heritage impact statement" means a document prepared in accordance with the requirements of the Heritage Office, consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area or of a building, work, archaeological site, tree or place within a heritage conservation area, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.

"heritage item" means a building, work, archaeological site or place (including a place of Aboriginal heritage significance) identified in Schedule 3 as a heritage item and the site of which is described in that Schedule.

"heritage significance" means historic, scientific, cultural, social, archaeological, natural or aesthetic value.

"high technology industry" means an enterprise which has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following--
(a) electronic and micro-electronic systems, goods and components,
(b) information technology, computer software and hardware,
(c) instrumentation and instruments,
(d) biological, pharmaceutical, medical or paramedical systems, goods and components,
(e) other goods, systems and components intended for use in science and technology.

"hotel" means premises specified or proposed to be specified in a hotelier's licence granted under the Liquor Act 1982 .

"industry" means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for a commercial purpose, but (except in this Schedule) does not include an industry elsewhere defined for the purposes of this plan.

"light goods dispatch" means a building or place in which there is carried on a non-retail occupation, profession or trade, which involves light goods handling and storage of those goods for dispatch, but only in conjunction with the core business, and only where the product is small and a light rigid vehicle (or smaller vehicle) is required for delivery.

"light industry" means an industry in which processes carried on, or the transportation involved or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood, but does not include a building, place or activity elsewhere defined for the purposes of this plan.

"light rigid vehicle" means a motor vehicle with a GVM (gross vehicular mass) of more than 4.5 tonnes but not more than 8 tonnes.

"local shop" means a shop or refreshment room that operates primarily to serve the surrounding residential area and does not exceed 100 square metres in gross floor area.

"maintenance" in relation to a heritage item or to a building, work, archaeological site, tree or place within a heritage conservation area, means the on-going protective care of the same. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.

"Mascot Station Precinct" means the land bounded by Coward Street, O'Riordan Street, Gardeners Road and Kent Road, Mascot.

"materials recycling yard" means a building or place used for the collecting, compaction, dismantling, storing, abandoning or recycling of second-hand or scrap materials whether for the purpose of resale or not.

"mixed development" means a boarding house, multi unit housing, residential flat building, serviced apartment, or dwelling-house, which is located within the same building in which is located, on the ground floor level only, shops, commercial premises or any other non-residential use permissible in the zone for the site.

"motor vehicle repair workshop" means a building or a place used for the repair of or fitting of accessories to motor vehicles or agriculture machinery which may involve body building, panel beating or spray painting.

"multi unit housing" means a building or buildings, on one allotment of land, containing 2 or more dwellings where each dwelling has an individual entrance and direct access to private open space at ground level for the exclusive use of the occupants of the dwelling, and includes townhouses, villas, and terraces, but does not include residential flat buildings or any other form of dwellings specifically defined in this Schedule.

"offensive industry" means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse effect in the locality or on the existing or likely future development on other land in the locality.

"offensive storage establishment" means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse effect in the locality or on the existing or likely future development on other land in the locality.

"place of Aboriginal heritage significance" means--
(a) a place that has the physical remains of Aboriginal occupation and/or use, or is of contemporary significance to Aboriginal people (It may be a post-European contact site. It can, 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 of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.)

"potential archaeological site" means a site that--
(a) is shown hatched on the map, or
(b) in the opinion of the Council, has the potential to be an archaeological site.

"potential place of Aboriginal heritage significance" means a place that--
(a) is shown cross hatched on the map, or
(b) in the opinion of the Council, has the potential to have Aboriginal heritage significance.

"private hotel" means a hotel used primarily for short-term residential purposes which is not licensed under the Liquor Act 1982 and does not include a building or place elsewhere defined in this Schedule.

"recreation area" means an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, and includes golf courses, tennis courts and bowling greens and any ancillary buildings.

"recreation facility" means a building or place used for indoor recreation, such as a squash court, swimming pool, gymnasium or bowling alley, or any other building or place of a like character used for sporting, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a place of assembly or an amusement centre.

"relic" means--
(a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the local government area of Botany Bay City and that is a fixture or is wholly or partly within the ground, or
(b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of that area.

"residential flat building" means a building containing 3 or more dwellings (not being serviced apartments or multi unit housing) that have shared parking or access arrangements (or both).

"restaurant" means a building or place the principal purpose of which is the provision of food to paying customers for consumption on the premises.

"retail plant nursery" means a building or place used for growing plants and selling plants by retail, whether or not landscaping supplies (including earth products) or other landscape and horticultural products are also sold at the building or place.

"riparian vegetation" means any vegetation that is located adjacent to a wetland and is reliant on, and contributes to, the hydrological regime and ecology of that wetland.

"semi-detached dwelling" means either of the 2 dwellings that are created when a building is divided vertically into 2 dwellings by a common wall, but only if the dwelling is located on a separate lot having access to and frontage to a street.

"service station" means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil and other petroleum products and which also is used for any one or more of the following--
(a) the sale by retail and installation of spare parts and accessories for motor vehicles,
(b) washing and greasing of motor vehicles,
(c) the hiring of trailers,
(d) repairing and servicing of motor vehicles (other than body building, panelbeating or spray painting),
(e) the retail selling or hiring of small consumer goods.

"serviced apartment" means a building containing 3 or more self-contained dwellings that are not under separate strata title and that--
(a) are cleaned or serviced by the owner or manager of the building (or the agent of the owner or manager), and
(b) provide short-term accommodation for persons who have their principal place of residence elsewhere,
but does not include a backpackers' hostel, boarding house, bed and breakfast accommodation or private hotel.

"studio workshop" means a building containing both a dwelling and a work area, which are physically connected, where the work carried on in the work area is a use permitted in the zone concerned and involves the employment of not more than five persons other than the permanent residents of the dwelling and does not involve any one or more of the following--
(a) a dwelling that has a gross floor area greater than 100m 2,
(b) the dwelling occupying more than 40% of the gross floor area of the building,
(c) 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, or otherwise,
(d) interference with the amenity of the neighbourhood due to any one or more of the following--
(i) the generation of excessive vehicular traffic,
(ii) the attraction of an excessive number of customers or clients,
(iii) the reduction of car parking in the vicinity of the site.

"tavern" means a building or place used for the purpose of offering food and alcohol for sale for consumption on the premises, being a building or place that is licensed under the Liquor Act 1982 and does not provide overnight accommodation.

"the Act" means the Environmental Planning and Assessment Act 1979 .

"the Corporation" means the Corporation constituted by section 8 (1) of the Environmental Planning and Assessment Act 1979 .

"the map" means the map marked " Botany Local Environmental Plan 1995 " deposited in the office of the Council, as amended by the maps, or the specified sheets of maps, marked as follows--
Editorial note : The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
Botany Local Environmental Plan 1995 (Amendment No 3)
Botany Local Environmental Plan 1995 (Amendment No 4) --Sheets A and B
Botany Local Environmental Plan 1995 (Amendment No 9)
Botany Local Environmental Plan 1995 (Amendment No 11)--Mascot Station Precinct
Botany Local Environmental Plan 1995 (Amendment No 12) --Sheet 1
Botany Local Environmental Plan 1995 (Amendment No 13)
Botany Local Environmental Plan 1995 (Amendment No 14) --Sheets B and C
Botany Local Environmental Plan 1995 (Amendment No 20)
Botany Local Environmental Plan 1995 (Amendment No 21)
Botany Local Environmental Plan 1995 (Amendment No 22)
Botany Local Environmental Plan 1995 (Amendment No 27)
Botany Local Environmental Plan 1995 (Amendment No 28) --Sheets A, B and C
Botany Local Environmental Plan 1995 (Amendment No 29)
Botany Local Environmental Plan 1995 (Amendment No 32)
Botany Local Environmental Plan 1995 (Amendment No 39)

"the RTA" means the Roads and Traffic Authority constituted under the Transport Administration Act 1988 .

"threatened species" has the same meaning as in the Act.

"tradespersons' supply and service store" means a building within which the sale or hire and/or servicing of moveable plant occurs and at which the moveable plant is operated only by the owners or occupiers of the building, and may include an ancillary office area.

"utility installation" means a building or work used for a utility undertaking.

"utility undertaking" means any undertaking carried on by or under the authority of any Government department, or in pursuance of any Commonwealth or State Act, for the purpose of--
(a) railway, road, water or air transport, or wharf or river undertakings, or
(b) the provision of sewerage or drainage services, or
(c) the supply of water, hydraulic power, electricity or gas, or
(d) telecommunications facilities.

"vehicle rental centre" means a building or premises used to rent out vehicles and to store and service those vehicles and may include an ancillary office area.

"warehouse or distribution centre" means a building or place used for the purpose of storing goods or materials which have been produced or manufactured and includes a bulk store, but does not include the retail sale of goods or materials.

"wetlands" means--
(a) natural wetlands, including marshes, salt marshes, mangroves, sea grasses, back waters, billabongs, swamps, sedgelands, wet meadows or wet heathlands, that form a shallow water body when inundated cyclically, intermittently or permanently with fresh, brackish or salt water and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) non-natural wetlands, including marshes, swamps, wet meadows, sedgelands or wet heathlands, that form a shallow water body when inundated cyclically, intermittently or permanently with fresh, brackish or salt water and which differ from natural wetlands by being constructed or formed by non-natural processes and vegetated with wetland plant communities.


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