New South Wales Repealed Regulations
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This legislation has been repealed.
PORT STEPHENS LOCAL ENVIRONMENTAL PLAN (KINGS HILL, NORTH RAYMOND TERRACE) 2010 - SCHEDULE 99
DICTIONARY
(Clause 1.4)
"Aboriginal object" means any deposit, object or other material evidence (not
being a handicraft made for sale) relating to the Aboriginal habitation of an
area of 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 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 that may be shown on the 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.
"acid sulfate soils" means naturally occurring sediments and soils containing
iron sulfides (principally pyrite) or their precursors or oxidation products,
whose exposure to oxygen leads to the generation of sulfuric acid (for
example, by drainage or excavation).
"Acid Sulfate Soils Manual" means the manual by that name published by the
Acid Sulfate Soils Management Advisory Committee and made publicly available.
"Acid Sulfate Soils Map" means the Port Stephens Local Environmental Plan
(Kings Hill, North Raymond Terrace) 2010 Acid Sulfate Soils Map .
"advertisement" has the same meaning as in the Act. Note: The term is defined
as a sign, notice, device or representation in the nature of an advertisement
visible from any public place or public reserve or from any navigable water.
"advertising structure" has the same meaning as in the Act. Note: The term is
defined as a structure used or to be used principally for the display of an
advertisement.
Advertising structures are a type of
"signage" --see the definition of that term in this Dictionary.
"affordable housing" has the same meaning as in the Act. Note: The term is
defined as 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.
"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 .
"air transport facility" means an airport or a heliport that is not part of an
airport, and includes associated communication and air traffic control
facilities or structures.
"airport" means a place that is used for the landing, taking off, parking,
maintenance or repair of aeroplanes, and includes 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.
"airstrip" means a single runway for the landing, taking off or parking of
aeroplanes for private aviation only, but does not include an airport,
heliport or helipad.
"amusement centre" means a building or place (not being part of a pub or
registered club) used principally for playing: (a) billiards, pool or other
like games, or
(b) electronic or mechanical amusement devices, such as
pinball machines, computer or video games and the like.
"animal boarding or training establishment" means a building or place used for
the breeding, boarding, training, keeping or caring of animals for commercial
purposes (other than for the agistment of horses), and includes any associated
riding school or ancillary veterinary hospital.
"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.
"attic" means any habitable space, but not a separate dwelling, contained
wholly within a roof above the ceiling line of the storey immediately below,
except for minor elements such as dormer windows and the like.
"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.
"basement" means the space of a building where the floor level of that space
is predominantly below ground level (existing) and where the floor level of
the storey immediately above is less than 1 metre above ground level
(existing).
"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 bed and breakfast accommodation.
Bed and breakfast accommodation is a type of
"tourist and visitor accommodation" --see the definition of that term in this
Dictionary.
"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.
"biodiversity" means biological diversity.
"biological diversity" has the same meaning as in the
Threatened Species Conservation Act 1995 . The term is defined as follows:
"biological diversity" means the diversity of life and is made up of the
following 3 components: (a) genetic diversity--the variety of genes (or units
of heredity) in any population,
(b) species diversity--the variety of
species,
(c) ecosystem diversity--the variety of communities or ecosystems.
"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.
"boat launching ramp" means a structure designed primarily for the launching
of trailer borne recreational vessels, and includes associated car parking
facilities.
"boat shed" means a building or other structure used for the storage and
routine maintenance of a boat or boats and that is associated with a private
dwelling or non-profit organisation, and includes any skid used in connection
with the building or other structure.
"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" has the same meaning as in the Act. Note: The term is defined to
include part of a building and any structure or part of a structure, but not
including a manufactured home, a moveable dwelling or associated structure (or
part of a manufactured home, moveable dwelling or associated structure).
"building 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.
"building line" or
"setback" means the horizontal distance between the property boundary or other
stated boundary (measured at 90 degrees from the boundary) and: (a) a building
wall, or
(b) the outside face of any balcony, deck or the like, or
(c) the
supporting posts of a carport or verandah roof,
whichever distance is the
shortest.
"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.
"bush fire hazard reduction work" has the same meaning as in the Rural Fires
Act 1997 . The term is defined as follows:
"bush fire hazard reduction work" means: (a) the establishment or maintenance
of fire breaks on land, and
(b) the controlled application of appropriate
fire regimes or other means for the reduction or modification of available
fuels within a predetermined area to mitigate against the spread of a bush
fire,
but does not include construction of a track, trail or road.
"bush fire prone land" has the same meaning as in the Act. Note: The term is
defined, in relation to an area, as land recorded for the time being as bush
fire prone land on a map for the area certified as referred to in section 146
(2) of the Act.
"bush fire risk management plan" means a plan prepared under Division 4 of
Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54
of that Act.
"business identification sign" means a sign: (a) that indicates: (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.
"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.
"canal estate development" means development that incorporates wholly or in
part a constructed canal, or other waterway or waterbody, that is inundated by
or drains to a natural waterway or natural waterbody by surface water or
groundwater movement (not being works of drainage, or for the supply or
treatment of water, that are constructed by or with the authority of a person
or body responsible for those functions and that are limited to the minimal
reasonable size and capacity to meet a demonstrated need for the works), and
that either: (a) includes the construction of dwellings (which may include
tourist and visitor accommodation) of a kind other than, or in addition to:
(i) dwellings that are permitted on rural land, and
(ii) dwellings that are
used for caretaker or staff purposes, or
(b) requires the use of a sufficient
depth of fill material to raise the level of all or part of that land on which
the dwellings are (or are proposed to be) located in order to comply with
requirements relating to residential development on flood prone land.
"car park" means a building or place primarily used for the purpose of parking
motor vehicles, including any manoeuvring space and access thereto, whether
operated for gain or not.
"caravan park" means land (including a camping ground) on which caravans (or
caravans and other moveable dwellings) are, or are to be, installed or placed.
"catchment action plan" has the same meaning as in the
Catchment Management Authorities Act 2003 . Note: The term is defined as a
catchment action plan of an authority that has been approved by the Minister
under Part 4 of the Catchment Management Authorities Act 2003 .
"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.
"charter and tourism boating facility" means any facility (including a
building or other structure) used for charter boating or tourism boating
purposes, being a facility that is used only by the operators of the facility
and that has a direct structural connection between the foreshore and the
waterway, but does not include a marina.
"child care centre" means a building or place used for the supervision and
care of children that: (a) provides long day care, pre-school care, occasional
child care or out-of-school-hours care, and
(b) does not provide overnight
accommodation for children other than those related to the owner or operator
of the centre,
but does not include: (c) a building or place used for
home-based child care, or
(d) an out-of-home care service provided by an
agency or organisation accredited by the Children's Guardian, or
(e) a
baby-sitting, playgroup or child-minding service that is organised informally
by the parents of the children concerned, or
(f) a service provided for fewer
than 5 children (disregarding any children who are related to the person
providing the service) at the premises at which at least one of the children
resides, being a service that is not advertised, or
(g) a regular
child-minding service that is provided in connection with a recreational or
commercial facility (such as a gymnasium), by or on behalf of the person
conducting the facility, to care for children while the children's parents are
using the facility, or
(h) a service that is concerned primarily with the
provision of: (i) lessons or coaching in, or providing for participation in, a
cultural, recreational, religious or sporting activity, or
(ii) private
tutoring, or
(i) a school, or
(j) a service provided at exempt premises
(within the meaning of Chapter 12 of the Children and Young Persons (Care and
Protection) Act 1998 ), such as hospitals, but only if the service is
established, registered or licensed as part of the institution operating on
those premises.
"classified road" has the same meaning as in the Roads Act 1993 . The term is
defined as follows:
"classified road" means any of the following: (a) a main road,
(b) a highway,
(c) a freeway,
(d) a controlled access road,
(e) a secondary road,
(f) a
tourist road,
(g) a tollway,
(h) a transitway,
(i) a State work.
(See
Roads Act 1993 for meanings of these terms.)
"clearing native vegetation" has the same meaning as in the
Native Vegetation Act 2003 . The term is defined as follows:
"clearing native vegetation" means any one or more of the following: (a)
cutting down, felling, thinning, logging or removing native vegetation,
(b)
killing, destroying, poisoning, ringbarking, uprooting or burning native
vegetation.
(See Division 3 of Part 3 of the Native Vegetation Act 2003 for
the exclusion of routine agricultural management and other farming activities
from constituting the clearing of native vegetation if the landholder can
establish that any clearing was carried out for the purpose of those
activities.)
"coastal foreshore" means land with frontage to a beach, estuary, coastal
lake, headland, cliff or rock platform.
"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 .
"coastal waters of the State" --see section 58 of the Interpretation Act 1987
.
"coastal zone" has the same meaning as in the Coastal Protection Act 1979 .
The term is defined as follows:
"coastal zone" means: (a) the area within the coastal waters of the State as
defined in Part 10 of the Interpretation Act 1987 (including any land within
those waters), and
(b) the area of land and the waters that lie between the
western boundary of the coastal zone (as shown on the maps outlining the
coastal zone) and the landward boundary of the coastal waters of the State,
and
(c) the seabed (if any) and the subsoil beneath, and the airspace above,
the areas referred to in paragraphs (a) and (b).
The coastal zone consists of
the area between the western boundary of the coastal zone shown on the maps
outlining the coastal zone and the outermost boundary of the coastal waters of
the State. The coastal waters of the State extend, generally, to 3 nautical
miles from the coastline of the State.
"commercial premises" means any of the following: (a) business premises,
(b)
office premises,
(c) retail premises.
"community facility" means a building or place: (a) owned or controlled by a
public authority or non-profit community organisation, and
(b) used for the
physical, social, cultural or intellectual development or welfare of the
community,
but does not include an educational establishment, hospital, retail
premises, place of public worship or residential accommodation.
"community land" has the same meaning as in the Local Government Act 1993 .
"correctional centre" means: (a) any premises declared to be a correctional
centre by a proclamation in force under section 225 of the
Crimes (Administration of Sentences) Act 1999 , including any juvenile
correctional centre or periodic detention centre, and
(b) any premises
declared to be a detention centre by an order in force under section 5 (1) of
the Children (Detention Centres) Act 1987 ,
but does not include any police
station or court cell complex in which a person is held in custody in
accordance with any Act.
"Council" means the Port Stephens Council.
"crematorium" means a building in which deceased persons or pets are cremated,
whether or not it contains an associated building for conducting memorial
services.
"Crown reserve" means: (a) a reserve within the meaning of Part 5 of the
Crown Lands Act 1989 , or
(b) a common within the meaning of the Commons
Management Act 1989 , or
(c) lands within the meaning of the Trustees of
Schools of Arts Enabling Act 1902 ,
but does not include land that forms any
part of a reserve under Part 5 of the Crown Lands Act 1989 provided for
accommodation.
"curtilage" , in relation to a heritage item or conservation area, means the
area of land (including land covered by water) surrounding a heritage item, a
heritage conservation area, or building, work or place within a heritage
conservation area, that contributes to its heritage significance.
"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
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.
"designated State public infrastructure" means public facilities or services
that are provided or financed by the State (or if provided or financed by the
private sector, to the extent of any financial or in-kind contribution by the
State) of the following kinds: (a) State and regional roads,
(b) bus
interchanges and bus lanes,
(c) land required for regional open space,
(d)
land required for social infrastructure and facilities (such as land for
schools, hospitals, emergency services and justice purposes).
"drainage" means any activity that intentionally alters the hydrological
regime of any locality by facilitating the removal of surface or ground water.
It may include the construction, deepening, extending, opening, installation
or laying of any canal, drain or pipe, either on the land or in such a manner
as to encourage drainage of adjoining land.
"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" means a room or suite of rooms occupied or used or so constructed
or adapted as to be capable of being occupied or used as a separate domicile.
"dwelling house" means a building containing only one dwelling. Note: Dwelling
houses are a type of
"residential accommodation" --see the definition of that term in this
Dictionary.
"earthworks" means excavation or filling.
"ecologically sustainable development" has the same meaning as in the Act.
"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 development consent for
eco-tourist facilities.
Eco-tourist facilities are not a type of
"tourist and visitor accommodation" --see the definition of that term in this
Dictionary.
"educational establishment" means a building or place used for education
(including teaching), being: (a) a school, or
(b) a tertiary institution,
including a university or a TAFE establishment, that provides formal education
and is constituted by or under an Act.
"electricity generating works" means a building or place used for the purpose
of making or generating electricity.
"emergency services facility" means a building or place (including a helipad)
used in connection with the provision of emergency services by an emergency
services organisation.
"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 .
"entertainment facility" means a theatre, cinema, music hall, concert hall,
dance hall and the like, but does not include a pub or registered club.
"environmental facility" means a building or place that provides for the
recreational use or scientific study of natural systems, and includes walking
tracks, seating, shelters, board walks, observation decks, bird hides or the
like, and associated display structures.
"environmental protection works" means works associated with the
rehabilitation of land towards its natural state or any work to protect land
from environmental degradation, and includes bush regeneration works, wetland
protection works, erosion protection works, dune restoration works and the
like, but does not include coastal protection works.
"estuary" has the same meaning as in the Water Management Act 2000 . The term
is defined as follows:
"estuary" means: (a) any part of a river whose level is periodically or
intermittently affected by coastal tides, or
(b) any lake or other partially
enclosed body of water that is periodically or intermittently open to the sea,
or
(c) anything declared by the regulations (under the
Water Management Act 2000 ) to be an estuary,
but does not include anything
declared by the regulations (under the Water Management Act 2000 ) not to be
an estuary.
"excavation" means the removal of soil or rock, whether moved to another part
of the same site or to another site, but does not include garden landscaping
that does not significantly alter the shape, natural form or drainage of the
land.
"exhibition home" means a dwelling built for the purposes of the public
exhibition and marketing of new dwellings, whether or not it is intended to be
sold as a private dwelling after its use for those purposes is completed, and
includes any associated sales or home finance office or place used for
displays.
"exhibition village" means 2 or more exhibition homes and associated buildings
and places used for house and land sales, site offices, advisory services, car
parking, food and drink sales and other associated purposes.
"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.
"extractive material" means sand, soil, gravel, rock or similar substances
that are not minerals within the meaning of the Mining Act 1992 .
"farm building" means a structure the use of which is ancillary to an
agricultural use of the landholding on which it is situated and includes a hay
shed, stock holding yard, machinery shed, shearing shed, silo, storage tank,
outbuilding or the like, but does not include a dwelling.
"farm stay accommodation" means 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.
Farm stay accommodation is a type of
"tourist and visitor accommodation" --see the definition of that term in this
Dictionary.
"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.
"fill" means the depositing of soil, rock or other similar extractive material
obtained from the same or another site, but does not include: (a) the
depositing of topsoil or feature rock imported to the site that is intended
for use in garden landscaping, turf or garden bed establishment or top
dressing of lawns and that does not significantly alter the shape, natural
form or drainage of the land, or
(b) the use of land as a waste disposal
facility.
"filming" means recording images (whether on film or video tape or
electronically or by other means) for exhibition or broadcast (such as by
cinema, television or the internet or by other means), but does not include:
(a) still photography, or
(b) recording images of a wedding ceremony or other
private celebration or event principally for the purpose of making a record
for the participants in the ceremony, celebration or event, or
(c) recording
images as a visitor or tourist for non-commercial purposes, or
(d) recording
for the immediate purposes of a television program that provides information
by way of current affairs or daily news.
"fish" has the same meaning as in the Fisheries Management Act 1994 . The term
is defined as follows:
Definition of "fish" (1)
"Fish" means marine, estuarine or freshwater fish or other aquatic animal life
at any stage of their life history (whether alive or dead).
(2)
"Fish" includes: (a) oysters and other aquatic molluscs, and
(b) crustaceans,
and
(c) echinoderms, and
(d) beachworms and other aquatic polychaetes.
(3)
"Fish" also includes any part of a fish.
(4) However,
"fish" does not include whales, mammals, reptiles, birds, amphibians or other
things excluded from the definition by the regulations under the
Fisheries Management Act 1994 .
"flood mitigation work" means work designed and constructed for the express
purpose of mitigating flood impacts. It involves changing the characteristics
of flood behaviour to alter the level, location, volume, speed or timing of
flood waters to mitigate flood impacts. Types of works may include excavation,
construction or enlargement of any fill, wall, or levee that will alter
riverine flood behaviour, local overland flooding, or tidal action so as to
mitigate flood impacts.
"floor space ratio" --see clause 4.5.
"Floor Space Ratio Map" [Not applicable]
"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,
(d) a small bar.
Note: Food
and drink premises are a type of
"retail premises" --see the definition of that term in this Dictionary.
"forestry" has the same meaning as
"forestry operations" has for the purposes of Part 5A of the Forestry Act
2012 . The term is defined as follows:
"forestry operations" means: (a) logging operations, namely, the cutting and
removal of timber from land for the purpose of timber production, or
(b) the
harvesting of forest products, or
(c) on-going forest management operations,
namely, activities relating to the management of land for timber production
such as thinning and other silvicultural activities such as bee-keeping,
grazing and bush fire hazard reduction, or
(d) ancillary road construction,
namely, the provision of roads and fire trails, and the maintenance of
existing railways, to enable or assist in the above operations.
"freight transport facility" means a facility used principally for the bulk
handling of goods for transport by road, rail, air or sea, including any
facility for the loading and unloading of vehicles, aircraft, vessels or
containers used to transport those goods and for the parking, holding,
servicing or repair of those vehicles, aircraft or vessels or for the engines
or carriages involved.
"function centre" means a building or place used for the holding of events,
functions, conferences and the like, and includes convention centres,
exhibition centres and reception centres, but does not include an
entertainment facility.
"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, barbecues, 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.
"gross floor area" means the sum of the floor area of each floor of a building
measured from the internal face of external walls, or from the internal face
of walls separating the building from any other building, measured at a height
of 1.4 metres above the floor, and includes: (a) the area of a mezzanine, and
(b) habitable rooms in a basement or an attic, and
(c) any shop, auditorium,
cinema, and the like, in a basement or attic,
but excludes: (d) any area for
common vertical circulation, such as lifts and stairs, and
(e) any basement:
(i) storage, and
(ii) vehicular access, loading areas, garbage and services,
and
(f) plant rooms, lift towers and other areas used exclusively for
mechanical services or ducting, and
(g) car parking to meet any requirements
of the consent authority (including access to that car parking), and
(h) any
space used for the loading or unloading of goods (including access to it), and
(i) terraces and balconies with outer walls less than 1.4 metres high, and
(j) voids above a floor at the level of a storey or storey above.
"ground level (existing)" means the existing level of a site at any point.
"ground level (finished)" means, for any point on a site, the ground surface
after completion of any earthworks (excluding any excavation for a basement,
footings or the like) for which consent has been granted or that is exempt
development.
"ground level (mean)" means, for any site on which a building is situated or
proposed, one half of the sum of the highest and lowest levels at ground level
(finished) of the outer surface of the external walls of the building.
"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.
"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.
"headland" includes a promontory extending from the general line of the
coastline into a large body of water, such as a sea, coastal lake or bay.
"health care professional" means any person registered under an Act for the
purpose of providing health care.
"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 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.
"Height of Buildings Map" means the Port Stephens Local Environmental Plan
(Kings Hill, North Raymond Terrace) 2010 Height of Buildings Map .
"helipad" means a place not open to the public used for the taking off and
landing of helicopters.
"heliport" means a place open to the public 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 conservation management plan" means a document prepared in
accordance with guidelines prepared by the Division of the Government Service
responsible to the Minister administering the Heritage Act 1977 that documents
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.
"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: An inventory of heritage items is also available at the office of the
Council.
"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.
"Heritage Map" [Not applicable]
"heritage significance" means historical, scientific, cultural, social,
archaeological, architectural, natural or aesthetic value.
"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,
(d) parking for vehicles,
(e) rest areas and public amenities.
"home-based child care" means a dwelling used by a resident of the dwelling
for the supervision and care of one or more children and that satisfies the
following conditions: (a) the service is licensed within the meaning of the
Children and Young Persons (Care and Protection) Act 1998 ,
(b) the number
of children (including children related to the carer or licensee) does not at
any one time exceed 7 children under the age of 12 years, including no more
than 5 who do not ordinarily attend school.
"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),
(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 home industry.
Home industries are a type of
"light industry" --see the definition of that term in this Dictionary.
"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 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 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
(e) extractive industry, or
(f) mining.
"information and education facility" means a building or place used for
providing information or education to visitors, and the exhibition or display
of items, and includes an art gallery, museum, library, visitor information
centre and the like.
"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.
"jetty" means a horizontal decked walkway providing access from the shore to
the waterway and is generally constructed on a piered or piled foundation.
"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. Note: See clause 5.4 for controls relating to the gross floor area
of a kiosk.
Kiosks are a type of
"retail premises" --see the definition of that term in this Dictionary.
"Land Application Map" means the Port Stephens Local Environmental Plan (Kings
Hill, North Raymond Terrace) 2010 Land Application Map .
"Land Reservation Acquisition Map" [Not applicable]
"Land Zoning Map" means the Port Stephens Local Environmental Plan (Kings
Hill, North Raymond Terrace) 2010 Land Zoning Map .
"landscaped area" means a part of a site used for growing plants, grasses and
trees, but does not include any building, structure or hard paved area.
"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 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.
"Lot Size Map" means the Port Stephens Local Environmental Plan (Kings Hill,
North Raymond Terrace) 2010 Lot Size Map .
"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, 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.
"mean high water mark" means the position where the plane of the mean high
water level of all ordinary local high tides intersects the foreshore, being
1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height
Datum.
"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.
"mezzanine" means an intermediate floor within a room.
"mine" means any place (including any excavation) where an operation is
carried on for mining of any mineral by any method and any place on which any
mining related work is carried out, but does not include a place used only for
extractive industry.
"mine subsidence district" means a mine subsidence district proclaimed under
section 15 of the Mine Subsidence Compensation Act 1961 .
"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.
"mixed use development" means a building or place comprising 2 or more
different land uses.
"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.
"mortuary" means premises that are used, or intended to be used, for the
receiving, preparation, embalming and storage of bodies of deceased persons
pending their interment or cremation.
"moveable dwelling" has the same meaning as in the Local Government Act 1993 .
The term is defined as follows:
"moveable dwelling" means: (a) any tent, or any caravan or other van or other
portable device (whether on wheels or not), used for human habitation, or
(b)
a manufactured home, or
(c) any conveyance, structure or thing of a class or
description prescribed by the regulations (under the Local Government Act
1993 ) for the purposes of this definition.
"multi dwelling housing" means 3 or more dwellings (whether attached or
detached) on one lot of land, 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.
"native fauna" means any animal-life that is indigenous to New South Wales or
is known to periodically or occasionally migrate to New South Wales, whether
vertebrate (including fish) or invertebrate and in any stage of biological
development, but does not include humans.
"native flora" means any plant-life that is indigenous to New South Wales,
whether vascular or non-vascular and in any stage of biological development,
and includes fungi and lichens, and marine vegetation within the meaning of
Part 7A of the Fisheries Management Act 1994 .
"native vegetation" has the same meaning as in the Native Vegetation Act 2003
. The term is defined as follows:
Meaning of "native vegetation" (1)
"Native vegetation" means any of the following types of indigenous vegetation:
(a) trees (including any sapling or shrub, or any scrub),
(b) understorey
plants,
(c) groundcover (being any type of herbaceous vegetation),
(d)
plants occurring in a wetland.
(2) Vegetation is
"indigenous" if it is of a species of vegetation, or if it comprises species
of vegetation, that existed in the State before European settlement.
(3)
"Native vegetation" does not include any mangroves, seagrasses or any other
type of marine vegetation to which section 205 of the
Fisheries Management Act 1994 applies.
"navigable waterway" means any waterway that is from time to time capable of
navigation and is open to or used by the public for navigation, but does not
include flood waters that have temporarily flowed over the established bank of
a watercourse.
"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 neighbourhood shops.
Neighbourhood shops are a type of
"shop" --see the definition of that term in this Dictionary.
"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.
"non-potable water" means water that does not meet the standards or values for
drinking water recommended from time to time by the National Health and
Medical Research Council.
"NSW Coastal Policy" means the publication titled NSW Coastal Policy 1997: A
Sustainable Future for the New South Wales Coast , published by the
Government.
"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.
"operational land" has the same meaning as in the Local Government Act 1993 .
"parking space" means a space dedicated for the parking of a motor vehicle,
including any manoeuvring space and access to it, but does not include a car
park.
"passenger transport facility" means a building or place used for the assembly
or dispersal of passengers by any form of transport, including facilities
required for parking, manoeuvring, storage or routine servicing of any vehicle
that uses the building or place.
"people who are socially disadvantaged" means: (a) people who are
disadvantaged because of their alcohol or drug dependence, extreme poverty,
psychological disorder or other similar disadvantage, or
(b) people who
require protection because of domestic violence or upheaval.
"people with a disability" means people of any age who, as a result of having
an intellectual, psychiatric, sensory, physical or similar impairment, or a
combination of such impairments, either permanently or for an extended period,
have substantially limited opportunities to enjoy full and active lives.
"place of public worship" means a building or place used for the purpose of
religious worship by a congregation or religious group, whether or not the
building or place is also used for counselling, social events, instruction or
religious training.
"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 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.
"port facilities" means any of the following facilities at or in the vicinity
of a designated port within the meaning of section 47 of the
Ports and Maritime Administration Act 1995 : (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.
"potable water" means water that meets the standards or values for drinking
water recommended from time to time by the National Health and Medical
Research Council.
"precinct area" means an area of land identified as "Precinct Area" on the
Precincts Map .
"Precincts Map" means the Port Stephens Local Environmental Plan (Kings Hill,
North Raymond Terrace) 2010 Precincts Map .
"private open space" means an area external to a building (including an area
of land, terrace, balcony or deck) that is used for private outdoor purposes
ancillary to the use of the building.
"property vegetation plan" has the same meaning as in the
Native Vegetation Act 2003 . The term is defined as follows:
"property vegetation plan" means a property vegetation plan that has been
approved under Part 4 of the Native Vegetation Act 2003 .
"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.
"public administration building" means a building used as offices or for
administrative or other like purposes by the Crown, a statutory body, a
council or an organisation established for public purposes, and includes a
courthouse or a police station.
"public authority" has the same meaning as in the Act.
"public land" has the same meaning as in the Local Government Act 1993 . The
term is defined as follows:
"public land" means any land (including a public reserve) vested in or under
the control of the council, but does not include: (a) a public road, or
(b)
land to which the Crown Lands Act 1989 applies, or
(c) a common, or
(d)
land subject to the Trustees of Schools of Arts Enabling Act 1902 , or
(e) a
regional park under the National Parks and Wildlife Act 1974 .
"public reserve" has the same meaning as in the Local Government Act 1993 .
"public utility infrastructure" , in relation to an urban release area,
includes infrastructure for any of the following: (a) the supply of water,
(b) the supply of electricity,
(c) the disposal and management of sewage.
"public utility undertaking" means any of the following undertakings carried
on or permitted to be carried on by or by authority of any Government
Department or under the authority of or in pursuance of any Commonwealth or
State Act: (a) railway, road transport, water transport, air transport, wharf
or river undertakings,
(b) undertakings for the supply of water, hydraulic
power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes
a reference to a council, electricity supply authority, Government Department,
corporation, firm or authority carrying on the undertaking.
"rainwater tank" means a tank designed for the storage of rainwater gathered
on the land on which the tank is situated.
"recreation area" means a place used for outdoor recreation that is normally
open to the public, and includes: (a) a children's playground, or
(b) an area
used for community sporting activities, or
(c) a public park, reserve or
garden or the like,
and any ancillary buildings, but does not include a
recreation facility (indoor), recreation facility (major) or recreation
facility (outdoor).
"recreation facility (indoor)" means a building or place used predominantly
for indoor recreation, whether or not operated for the purposes of gain,
including a squash court, indoor swimming pool, gymnasium, table tennis
centre, health studio, bowling alley, ice rink or any other building or place
of a like character used for indoor recreation, but does not include an
entertainment facility, a recreation facility (major) or a registered club.
"recreation facility (major)" means a building or place used for large-scale
sporting or recreation activities that are attended by large numbers of people
whether regularly or periodically, and includes theme parks, sports stadiums,
showgrounds, racecourses and motor racing tracks.
"recreation facility (outdoor)" means a building or place (other than a
recreation area) used predominantly for outdoor recreation, whether or not
operated for the purposes of gain, including a golf course, golf driving
range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green,
outdoor swimming pool, equestrian centre, skate board ramp, go-kart track,
rifle range, water-ski centre or any other building or place of a like
character used for outdoor recreation (including any ancillary buildings), but
does not include an entertainment facility or a recreation facility (major).
"Reduced Level (RL)" means height above the Australian Height Datum, being the
datum surface approximating mean sea level that was adopted by the National
Mapping Council of Australia in May 1971.
"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 . 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.
"research station" means a building or place operated by a public authority
for the principal purpose of agricultural, environmental, fisheries, forestry,
minerals or soil conservation research, and includes any associated facility
for education, training, administration or accommodation.
"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' dwellings,
(j) secondary dwellings,
(k)
semi-detached dwellings,
(l) seniors housing,
(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, take away 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.
"restriction facilities" means facilities where animals are constrained for
management purposes, including milking sheds, pads, feed stalls, holding yards
and paddocks where the number of livestock exceeds the ability of vegetation
to recover from the effects of grazing in a normal growing season, but does
not include facilities for drought or similar emergency relief.
"retail premises" means a building or place used for the purpose of selling
items by retail, or 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.
"road" means a public road or a private road within the meaning of the
Roads Act 1993 , and includes a classified road.
"roadside stall" means a place or temporary structure used for 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 roadside
stalls.
Roadside stalls are a type of
"retail premises" --see the definition of that term in this Dictionary.
"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),
(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
workers' 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 secondary dwellings.
Secondary dwellings are a type of
"residential accommodation" --see the definition of that term in this
Dictionary.
"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.
"service station" means a building or place used for the sale by retail of
fuels and lubricants for motor vehicles, whether or not the building or place
is also used for any one or more of the following: (a) the ancillary sale by
retail of spare parts and accessories for motor vehicles,
(b) the cleaning of
motor vehicles,
(c) installation of accessories,
(d) inspecting, repairing
and servicing of motor vehicles (other than body building, panel beating,
spray painting, or chassis restoration),
(e) the ancillary retail selling or
hiring of general merchandise or services or both.
"serviced apartment" means a building (or part of a building) providing
self-contained 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
(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 that is a combination of
any of the things referred to in paragraphs (a)-(d).
"sex services" means sexual acts or sexual services in exchange for payment.
"sex services premises" means a brothel, but does not include home occupation
(sex services).
"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.
"site area" means the area of any land on which development is or is to be
carried out. The land may include the whole or part of one lot, or more than
one lot if they are contiguous to each other, but does not include the area of
any land on which development is not permitted to be carried out under this
Plan. Note: The effect of this definition is varied by clause 4.5 for the
purpose of the determination of permitted floor space area for proposed
development.
"site coverage" means the proportion of a site area covered by buildings.
However, the following are not included for the purpose of calculating site
coverage: (a) any basement,
(b) any part of an awning that is outside the
outer walls of a building and that adjoins the street frontage or other site
boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the
like.
"small bar" means a small bar within the meaning of the Liquor Act 2007 .
Note: Small bars are a type of
"food and drink premises" --see the definition of that term in this
Dictionary.
"spa pool" has the same meaning as in the Swimming Pools Act 1992 . Note: The
term is defined to include any excavation, structure or vessel in the nature
of a spa pool, flotation tank, tub or the like.
"stock and sale yard" means a building or place that is used on a commercial
basis for the purpose of offering livestock or poultry 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 a
heavy industrial storage establishment or a warehouse or distribution centre.
"storey" means a space within a building that is situated between one floor
level and the floor level next above, or if there is no floor above, the
ceiling or roof above, but does not include: (a) a space that contains only a
lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
"swimming pool" has the same meaning as in the Swimming Pools Act 1992 . The
term is defined as follows:
"swimming pool" means an excavation, structure or vessel: (a) that is capable
of being filled with water to a depth of 300 millimetres or more, and
(b)
that is solely or principally used, or that is designed, manufactured or
adapted to be solely or principally used, for the purpose of swimming, wading,
paddling or any other human aquatic activity,
and includes a spa pool, but
does not include a spa bath, anything that is situated within a bathroom or
anything declared by the regulations made under the Swimming Pools Act 1992
not to be a swimming pool for the purposes of that Act.
"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.
"telecommunications network" means a system, or series of systems, that
carries, or is capable of carrying, communications by means of guided or
unguided electromagnetic energy, or both.
"temporary structure" has the same meaning as in the Act. The term is defined
as follows:
"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.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"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,
(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.
"truck depot" means a building or place used for the servicing and parking of
trucks, earthmoving machinery and the like.
"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.
"urban release area" means the area of land identified as "Urban Release Area"
on the Urban Release Area Map .
"Urban Release Area Map" means the Port Stephens Local Environmental Plan
(Kings Hill, North Raymond Terrace) 2010 Urban Release Area Map .
"vehicle body repair workshop" means a building or place used for the repair
of vehicles or agricultural machinery, involving body building, panel
building, panel beating, spray painting or chassis restoration.
"vehicle repair station" means a building or place used for the purpose of
carrying out repairs 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.
"veterinary hospital" means a building or place used for diagnosing or
surgically or medically treating animals, whether or not animals are kept on
the premises for the purpose of treatment.
"viticulture" means the cultivation of grapes for 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.
"warehouse or distribution centre" means a building or place used mainly or
exclusively for storing or handling items (whether goods or materials) pending
their sale, but from which no retail sales are made.
"waste disposal facility" means a building or place used for the disposal of
waste by landfill, incineration or other means, including such works or
activities as recycling, resource recovery and other resource management
activities, energy generation from gases, leachate management, odour control
and the winning of extractive material to generate a void for disposal of
waste or to cover waste after its disposal. 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 recreation structure" means a structure used primarily for recreational
purposes that has a direct structural connection between the shore and the
waterway, and may include a pier, wharf, jetty or boat launching ramp.
"water recycling facility" means a building or place used for the treatment of
sewage effluent, stormwater or waste water for use as an alternative supply to
mains water, groundwater or river water (including, in particular, sewer
mining works), whether the facility stands alone or is associated with other
development, and includes associated: (a) retention structures, and
(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.
"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.
"waterbody" means a waterbody (artificial) or waterbody (natural).
"waterbody (artificial)" or
"artificial waterbody" means an artificial body of water, including any
constructed waterway, canal, inlet, bay, channel, dam, pond, lake or
artificial wetland, but does not include a dry detention basin or other
stormwater management construction that is only intended to hold water
intermittently.
"waterbody (natural)" or
"natural waterbody" means a natural body of water, whether perennial or
intermittent, fresh, brackish or saline, the course of which may have been
artificially modified or diverted onto a new course, and includes a river,
creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal
waters (including the sea).
"watercourse" means any river, creek, stream or chain of ponds, whether
artificially modified or not, in which water usually flows, either
continuously or intermittently, in a defined bed or channel, but does not
include a waterbody (artificial).
"waterway" means the whole or any part of a watercourse, wetland, waterbody
(artificial) or waterbody (natural).
"wetland" means: (a) natural wetland, including marshes, mangroves,
backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that
form a shallow waterbody (up to 2 metres in depth) when inundated cyclically,
intermittently or permanently with fresh, brackish or salt water, and where
the inundation determines the type and productivity of the soils and the plant
and animal communities, or
(b) artificial wetland, including marshes, swamps,
wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to
2 metres in depth) when inundated cyclically, intermittently or permanently
with water, and are constructed and vegetated with wetland plant communities.
"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.
"wholesale supplies" means a building or place used for the display, sale or
hire of goods or materials by wholesale only to businesses that have an
Australian Business Number registered under the A New Tax System (Australian
Business Number) Act 1999 of the Commonwealth.
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