New South Wales Repealed Regulations
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This legislation has been repealed.
SNOWY RIVER RURAL LOCAL ENVIRONMENTAL PLAN 2007 - SCHEDULE 99
DICTIONARY
(Clause 3)
"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.
"agriculture" means the extensive propagation, cultivation or harvesting of
plants for commercial purposes or the keeping and breeding of animals for food
and fibre production. Examples are bee keeping, crop production, marine
farming, forestry and grazing.
"animal boarding facility" means a building or placed used for the boarding of
animals. Examples are premises used for a cattery, dog pound or kennel.
"appointed day" means the day on which this plan takes effect.
"archaeological site" means a site of one or more relics, listed in Schedule 2
as an archaeological site.
"arterial road" means any of the following roads:
(a) Alpine Way (MR 677),
(b) Barry Way (MR 7626, S51 and MR 4056),
(c) Bobeyan Road (S1),
(d) Dalgety
Road (Berridale to Dalgety) (MR 394),
(e) Kosciuszko Road (MR 286),
(f)
Middlingbank Road (MR 585),
(g) Snowy Mountains Highway (SH4),
(h) "The
Snowy River Way" (Dalgety to Bombala) (MR 394),
(i) "The Snowy River Way"
(Jindabyne to Dalgety) (MR 7626).
"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.
"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 a dwelling used by its permanent
residents to provide short-term tourist accommodation for up to a maximum of 6
guest beds (which may include meals) for commercial purposes and includes
ancillary buildings within the curtilage of the dwelling.
"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 rock removal" means the disturbance, dislodgment or removal of bush rock
from land.
"business and professional services" means development for the purposes of
administration, clerical, technical, professional or other purposes. Examples
are a bank, brothel, call centre, child health clinic, consulting room,
funeral parlour, office, real estate agency and travel agency.
"caravan park" means land (including a camping ground) on which caravans (or
caravans and other moveable dwellings) are, are to be, installed or placed.
"class III agricultural land" means land marked as such on a map prepared on
behalf of the Director-General of the Department of Primary Industries and
held at the offices of the Council.
"community services" means services provided for cultural, community or social
purposes. Examples are a church, cemetery (including private cemetery), hall,
community centre, library and place of worship.
"cultural facilities" means facilities used for displaying art or crafts and
items of scientific, historic or cultural interest. Examples are an art
gallery and museum.
"cumulative impact of successive development" means the accumulation of
environmental and social impacts that result from either a number of
developments over time or a number of developments in a given location, or
both.
"demolish" , in relation to a heritage item, or a building, work, relic or
tree within a heritage conservation area, means wholly or partly destroy,
dismantle or deface the heritage item or the building, work, relic or tree.
"dual occupancy" means development permitted by clause 23.
"dwelling" means a building used as a self contained residence containing only
one kitchen.
"earthworks" means excavation or filling.
"eco-tourism facility" means a facility for nature-based tourism. It includes
an accommodation facility at which education about, and interpretation of, the
natural and cultural environment are provided.
"educational facility" means premises used as a kindergarten, primary school,
comprehensive school or tertiary institution.
"entertainment and conference facility" means premises used for entertainment,
exhibitions or displays, conferences or conventions. Examples are theatres,
cinemas, music halls, concert halls, drive-in theatres and conference centres.
"excavation" means the removal of soil or rock, whether it is 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.
"existing holding" means: (a) except as provided by paragraph (b), the area of
a lot, portion or parcel of land as it was at 26 September 1985, or
(b)
where, at 26 September 1985, a person owned two or more adjoining or adjacent
lots, portions or parcels of land, the aggregation of those lots, portions or
parcels as they were at 26 September 1985.
"existing use" means a use as defined in section 106 of the Act.
"extractive industry" means an industry carried on for the purpose of
extracting or removing material, including construction, roadwork or
manufacturing works and includes an industry carried on for the purpose of the
treatment or processing of that material by crushing, grinding, milling or
screening on the land from which it is extracted or on adjoining land.
Examples are mineral exploration, mining, quarrying, sand mining and turf
extraction.
"frontage" means a boundary of a lot which abuts a road.
"full supply level" , in relation to Lake Eucumbene, means RL 1164.95 metres.
"gross floor area" means the sum of the floor area of each storey 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 within the storey, and
(b) habitable rooms in a basement, 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.
"height" , in relation to a building, means the distance measured vertically
from any point on the roof of the topmost floor of the building to the natural
ground level immediately below that point.
"heritage conservation area" means: (a) an area of land that is shown as a
heritage conservation area on the locality map (including any heritage items
situated on or within that conservation area), or
(b) a place of Aboriginal
heritage significance shown on that map.
"heritage conservation management plan" means a document prepared in
accordance with guidelines prepared by the Department of Planning 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, archaeological
site, place of Aboriginal heritage significance or other heritage conservation
area, and
(b) an assessment of the impact that proposed development will have
on that significance, and
(c) proposals for measures to minimise that impact.
"heritage item" means a building, work, archaeological site, tree, place or
Aboriginal object specified in Schedule 2.
"heritage significance" means historical, scientific, cultural, social,
archaeological, architectural, natural or aesthetic value.
"holding" means: (a) except as provided by paragraph (b), the area of a lot,
portion or parcel of land as it was on the appointed day, or
(b) where, on
the appointed day, a person owned two or more adjoining or adjacent lots,
portions or parcels of land, the aggregation of those lots, portions or
parcels, as they were at the appointed day.
"home activity" means the use of a dwelling for the purposes of business or
professional services, manufacturing or processing, food services or the
servicing or repairing of articles or machinery.
"home-based child-care" means development for the purposes of the provision of
care by a care giver, licensed under the
Children (Care and Protection) Act 1987 , for up to 7 children (including the
care giver's own children) in the dwelling in which the care giver resides.
"horse breeding and training facility" means a building or place used for the
commercial stabling, breeding or training of horses.
"horse riding establishment" means land used for renting and riding horses or
the teaching of horse riding, whether or not horse riding takes place only
within the land and whether or not for gain, but does not include an
establishment where the maximum number of horses kept at any one time does not
exceed 7.
"horticulture" means the cultivation of fruits, vegetables, mushrooms, nuts,
cut flowers and foliage and nursery products for commercial purposes, but does
not include retail sales or viticulture.
"hospital services" means health services (including preventative care,
diagnosis, medical and surgical treatment and counselling) provided to persons
admitted as in-patients. It may include the care or treatment of outpatients.
"hotel industry" means premises that are the subject of a hoteliers licence
under the Liquor Act 1982 .
"intensive agriculture" means the carrying on of intensive livestock
agriculture or intensive plant growing.
"intensive livestock agriculture" means the keeping or breeding of cattle,
poultry, goats, horses or other livestock, that are fed wholly or
substantially on externally-sourced feed, and includes operation of feed lots,
piggeries, poultry farms or restricted dairies, but does not include the
operation of facilities for drought or similar emergency relief or extensive
agriculture or aquaculture.
"intensive plant growing" means the commercial growing of plants or fungi, or
both, where water is applied over and above the water naturally occurring and
includes horticultural systems such as hydroponics, crop protection, market
gardening, orcharding, the growing of field flowers, viticulture and turf
farming, but does not include the growing of plants solely for the consumption
or enjoyment of the owner or occupier of the land concerned.
"Lake Eucumbene Visual Protection Area" means the area shown on the locality
map as the Lake Eucumbene Visual Protection Area.
"Lake Jindabyne Visual Protection Area" means the area shown on the locality
map as the Lake Jindabyne Visual Protection Area.
"land significant for flora and fauna protection" means land shown as such on
the locality map.
"local heritage significance" , in relation to a place, building, work,
historical archaeological site, tree or precinct, means its heritage
significance to an area.
"locality map" means the map marked " Snowy River Rural Local Environmental
Plan 2007--Locality Map ", as amended by the maps, or sheets of maps, marked
as follows: Note: The amending maps are not necessarily listed in the order of
gazettal. Information about the order of gazettal can be determined by
referring to the Historical notes at the end of the plan.
"maintenance" in relation to a heritage item or a building, work,
archaeological site, tree or place within a heritage conservation area, means
ongoing protective care. It does not include the removal or disturbance of
existing fabric, alterations, such as carrying out extensions or additions, or
the introduction of new materials or technology.
"mezzanine" means an intermediate floor within a room.
"natural ground level" means the natural level of a site at any point.
"on-farm tourist accommodation" means a dwelling on a holding of an area of
not less than 100 hectares, being a dwelling-house occupied by a person
engaged in the use of the holding for the purpose of agriculture or
horticulture and used to provide tourist accommodation where tourists using
the accommodation are exposed to agricultural or horticultural aspects and
activities on the holding.
"place of Aboriginal heritage significance" means an area of land 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 can (but need not)
include items and remnants of the occupation of the land by Aboriginal people,
such as burial places, engraving sites, rock art, midden deposits, scarred and
sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site
or other sacred feature. It includes natural features such as creeks or
mountains of long-standing cultural significance, as well as initiation,
ceremonial or story places or areas of more contemporary cultural
significance.
"public road" means any road that is opened or dedicated as a public road
under any Act or law.
"public utility undertaking" means any of the following undertakings carried
on or permitted to be carried on by the authority of any Government Department
or under the authority of, or pursuant to, 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.
"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.
"relic" means any deposit, object or other material evidence of human
habitation: (a) that relates to the settlement of the area of Snowy River
Shire, not being Aboriginal settlement, and
(b) that is more than 50 years
old, and
(c) that is a fixture or is wholly or partly within the ground.
"residential development" means one or more dwellings providing long-term
accommodation. Examples are an apartment, conjoined dwelling, dependent
persons unit, flat, house, multiple dwellings, staff housing, non-commercial
holiday home.
"restricted dairy" means a dairy (other than a dairy (pasture-based)) where
restriction facilities are present in addition to milking sheds and holding
yards, and where cattle have access to grazing for less than 10 hours in any
24 hour period (excluding during periods of drought or similar emergency
relief). A restricted dairy may comprise the whole or part of a restriction
facility.
"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.
"river" includes: (a) any watercourse, whether perennial or intermittent and
whether comprising a natural channel or a natural channel artificially
improved, and
(b) any tributary, branch or other watercourse into or from
which a watercourse referred to in paragraph (a) flows, and
(c) anything
declared by the regulations under the Water Management Act 2000 to be a river,
whether or not it also forms part of a lake or estuary, but does not include
anything declared by the regulations under the Water Management Act 2000 not
to be a river.
"rural holiday dwelling" means a dwelling used wholly for holiday
accommodation by different groups of associated people, or by family groups at
different times.
"rural industry" means an industry carried on for the purposes of: (a)
storing, handling, treating, processing or packing plant or animal resources,
or
(b) servicing or repairing plant, or equipment, used in agriculture or
intensive agriculture.
Examples are an abattoir, animal saleyard, cheese
factory, fish processing, milk processing, sawmilling, and composting
facilities and works.
"rural living subdivision" means subdivision of rural land into small rural
lots to be occupied by dwellings, where the subdivision is close to towns and
villages and services are provided within the subdivision.
"rural residential estate" means a low density residential estate development
of rural lots on the edge of towns and villages and connected to urban
services.
"rural tourist accommodation" means short-term accommodation for tourists or
travellers. Examples are guesthouses, holiday cabins, holiday units,
residential camps and health retreats.
"setback" means the minimum distance from any lot boundary to a building.
"specialist or bulky goods sales" means the sale of goods of a specialist or
bulky nature including (but not limited to) garden and landscape supplies,
primary produce sales and trade supplies, but not including household goods or
other non-rural related goods.
"species impact statement" has the same meaning as in the
Threatened Species Conservation Act 1995 .
"sports and recreation facility" means a place used for leisure, recreation or
sport conducted wholly or mainly in outdoor settings. Examples are a golf
course or driving range, firing range, public swimming pool, sportsground,
outdoor recreation facility, picnic ground, showground, skatepark, walking
tracks and shared pathways.
"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.
"telecommunications facility" means any part of the infrastructure of a
telecommunications network. It includes any telecommunications line,
equipment, apparatus, telecommunications tower, mast, antenna, tunnel, duct,
hole, pit, pole or other structure or thing used, or for use, 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.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the Council" means the Snowy River Shire Council.
"timber yard" means a place or building used for the storage, treatment or
sale of timber products.
"tourist operation" means premises used specifically for attracting tourists,
other than for the provision of accommodation. Examples are a winery, theme
park, visitors centre, wildlife park, and may include a souvenir shop.
"transport depot" means premises used for distributing goods or depositing
passengers, and that may incorporate facilities to park and service vehicles.
Examples are an airport, bus terminal, heliport, mail centre, railway station,
road or rail freight terminal, taxi depot and a wharf.
"turf farming" means the commercial cultivation of turf for sale and the
removal of turf for that purpose.
"utility installation" means a building or work used by a public utility
undertaking, but does not include a building designed wholly or principally as
administrative or business premises.
"veterinary surgery" means a building or place used for the medical or
surgical treatment of animals.
"wind energy facility" means land used to generate electricity by wind force
and includes any turbine, building or other structure or thing used in or in
connection with the generation of electricity by wind force. It does not
include turbines principally used to supply electricity for domestic or rural
use of the land or anemometers.
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