DUNGOG LOCAL ENVIRONMENTAL PLAN 2006 -

New South Wales Consolidated Regulations

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DUNGOG LOCAL ENVIRONMENTAL PLAN 2006 -

DICTIONARY

(Clause 4 (1))

"agriculture" means broad acre commercial farming of crops or fodder, or of the grazing of livestock.
"appointed day" means the day on which this plan took effect.
"automotive services" means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, and other petroleum products, whether or not the building or place is also used for the purpose of any one or more of the following:

(a) the sale by retail of spare parts and accessories for motor vehicles,

(b) washing and greasing of motor vehicles,

(c) installation of accessories,

(d) repairing and servicing of motor vehicles.

"bed and breakfast" means a dwelling-house with a floor space of less than 300 square metres, that provides not more than five rooms, and which do not have catering facilities, for the temporary or short-term accommodation of people away from their normal place of domicile, and is operated by the permanent residents of the dwelling-house.
"biodiversity" means the diversity of life made up of:

(a) genetic diversity-the variety of genes in any population, and

(b) species diversity-the variety of species, and

(c) ecosystem diversity-the variety of communities or ecosystems.

"camp or caravan site" means a place used for the purpose of placing moveable dwellings for permanent accommodation or for temporary accommodation by tourists, whether or not the site is also used for the erection, assembly or placement of cabins for temporary accommodation by tourists.
"commercial premises" means a building or place used as an office or for other business or commercial purposes, but (in the Table to clause 23) does not include a building or place elsewhere specifically defined in this Dictionary or a building or place used for a purpose elsewhere specifically defined in this Dictionary.
"community facility" means a building or place which provides for the physical, social, cultural or intellectual development or the health, education and welfare of the local community, whether or not for the purposes of gain, but is neither used so intensely nor of such a scale as to interfere with the amenity of the residential neighbourhood in which it is situated.
"community land" means land classified as community land within the meaning of the Local Government Act 1993 .
"Council" means Dungog Council.
"demolition", in relation to a building or work, means the damaging, defacing, destruction, pulling down or removal of that building or work, in whole or in part.
"dual occupancy" means two dwellings, other than a dwelling and a rural worker’s dwelling, on a single lot.
"Dungog Shire Rural Strategy" means the document of that name adopted by Council on 9 October 2003.
"dwelling" means a room or number 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, other than a holiday cabin, containing only one dwelling.
"ecological processes" means those processes that play an essential role in maintaining the integrity and continuity of a dynamic complex of plant, animal, fungal and micro-organism communities and associated non-living environment interacting as an ecological unit.
"ecologically sustainable development" means development that uses, conserves and enhances the community’s resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased.
"employment" means an industry, laboratory, data processing centre, transport terminal or warehouse in which the processes carried on, the transportation involved or the machinery or materials used, do 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.
"endangered or threatened ecological communities" has the same meaning as in the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994 .
"environmental management plan" means a plan identifying measures to be taken to achieve specific environmental outcomes such as soil and water quality, biodiversity and ecological integrity, bush fire safety, or pollution and nuisance abatement.
"established holding" means land in Zone 1 (a), 7 (a) or 9 (a) that:

(a) comprises one or more lots with a total area of 60 hectares or more, and

(b) is all contiguous, or separated only by a road or railway, and

(c) was the total area of all adjoining or adjacent land held in one ownership on 1 July 2003, whether or not some other contiguous land in the same ownership has been transferred to another party since that date.

"farm gate sales" means a building or place:

(a) from which only produce from the land on which the building or place is situated, or the products of a lawful use carried out on the land, are sold, and

(b) that has a gross floor area of less than 75 square metres, and

(c) that can be provided safe access and appropriate parking.

"farm-stay" means accommodation for the temporary or short-term stay of people away from their normal place of domicile, that is provided within an existing farm house, or existing farm buildings, associated with a working farm.
"forestry" includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation, otherwise than in a sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest production.
"heritage conservation area" means the land shown edged heavy black and marked “Heritage Conservation Area” on the map.
"heritage impact statement" means a document, prepared in accordance with any guidelines issued by the Heritage Office, that assesses the impact of a proposal on a heritage item or a heritage conservation area, and includes proposed measures to minimise that impact.
"heritage item" means a building, work, relic, tree or place described in Part 2 of Schedule 3.
"holiday cabin" means a building, with or without a kitchen, used for the temporary or short-term accommodation of people away from their normal place of domicile.
"home business" has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 .
"home occupation" has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 .
"industry" means the manufacturing, assembling, repairing, renovating, ornamenting, finishing, altering, cleaning, washing, dismantling, processing or adapting of any goods or any articles for commercial purposes.
"institution" means:

(a) a residential centre for people within the target group, within the meaning of the Disability Services Act 1993 , or

(b) a hospital within the meaning of the Mental Health Act 1990 , or

(c) a correctional centre or correctional complex, within the meaning of the Crimes (Administration of Sentences) Act 1999 , or

(d) a detention centre within the meaning of the Children (Detention Centres) Act 1987 .

"intensive agriculture" means a building or place used for:

(a) cultivating or packaging fruit, vegetable, flower or fungi crops, or

(b) agriculture carried out in a confined area used to husband or feed stock (such as cattle, sheep, goats, pigs, poultry, and rabbits), dairies or aquaculture, or

(c) cultivating plants in a wholesale plant nursery, or

(d) breeding, boarding, training, keeping or caring for domestic animals, including horses, or

(e) turf farming, or

(f) a vineyard, winery or viticulture,

for commercial purposes.
"kiosk" means a building used for the sale of light refreshments.
"leisure area" means a building or place used for the purpose of a picnic ground, walking trail, camping ground, information centre, children’s playground, park, gardens or grazing but (in the Table to clause 23) does not include a recreation area or recreation facility.
"lot" means an existing lot as defined by the Conveyancing Act 1919 , and includes a proposed lot intended to be such a lot when created.
"low building" means a building of less than 9 metres from its top to natural ground level, and in the case of a dwelling-house, of not more than two storeys.
"main road" means a main road within the meaning of the Roads Act 1993 .
"mine" means a place, including a quarry, where minerals, ores, or extractive materials are obtained by making an excavation in the earth, and stacked, stored, crushed or otherwise treated, including the rehabilitation or the filling and reshaping of an area from which material has been won or removed.
"multiple dwellings" means three or more dwellings on a lot.
"operational land" means land classified as operational land within the meaning of the Local Government Act 1993 .
"place of Aboriginal heritage" means:

(a) a place that has the physical remains of occupation by, or is of contemporary significance to, the Aboriginal people, with items and remnants of the occupation of the land by them, including relics, burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b) a natural Aboriginal sacred site or natural feature including creeks, mountains of long-standing cultural significance, initiation, ceremonial or story places, or areas of more contemporary cultural significance,

and includes places with the potential for these characteristics.
"public utility undertaking" means any undertaking carried on, by, or by authority of, any Government Department or in pursuance of any Commonwealth or State Act, for the purposes of:

(a) railway, road, water or air transport, or wharf or river undertakings, or

(b) the provision of sewerage or drainage services, or

(c) the supply of water, hydraulic power, electricity or gas, or

(d) the provision of emergency services.

"recreation area" means an area used for outdoor sporting activities and includes changing rooms and other associated facilities, but does not include a racecourse, showground, sports stadium or the like.
"recreation facility" means a building or area used for indoor sporting activities, recreation and leisure activities, entertainment, exhibitions or displays, whether or not operated for the purpose of gain, and includes a racecourse, showground, sports stadium and the like, and theatres, cinemas, concert halls, open air theatres and the like.
"relic" means any deposit, object or material evidence relating to the settlement of land to which this plan applies, including Aboriginal habitation, which is more than 50 years old.
"reservation" means land identified as a reservation on the map.
"restaurant" means either a building or place the principal purpose of which is the provision of food to people for consumption on the premises, or premises (other than a bottle shop) specified in a licence of any kind granted under the Liquor Act 1982 .
"reticulated sewerage system" means a sewerage system that is part of a system provided or operated by the Council, an association (within the meaning of the Community Land Development Act 1989 ) or Hunter Water Corporation Limited.
"river management works" means works carried out for the purpose of improving watercourses in accordance with:

(a) the conditions subject to which funding has been provided for the works by the Department of Conservation and Environment, or

(b) a permit of or approval granted by the Director-General of that Department, or

(c) a Rivercare or Landcare plan or the like administered by the Hunter Catchment Management Authority.

"rural worker’s dwelling" means a dwelling, additional to a dwelling-house on the same landholding, that is occupied by persons engaged in a rural occupation on that land.
"shop" means a building or place used for the purpose of selling by retail or hiring, or the display for the purpose of selling or hiring, of items (whether goods or materials), and includes a bulky goods sales room or showroom, but not farm gate sales.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the map" means the series of maps marked “ Dungog Local Environmental Plan 2006 ”, 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.

Dungog Local Environmental Plan 2006 (Amendment No 2)

Dungog Local Environmental Plan 2006 (Amendment No 3)

Dungog Local Environmental Plan 2006 (Amendment No 6)

"tourist facility" means a building or buildings, place, motel or holiday cabins used for tourist accommodation or an establishment that provides recreation or eco-tourism facilities primarily for visitors, and includes a restaurant or conference centre that provides services to the visitors of any such building or place.
"utility installation" means:

(a) a building, structure or work used by a public or private utility undertaking or by a public or private communication undertaking (excluding buildings designed wholly or principally as administrative or business premises or as a showroom), or

(b) an accessway, road, conveyor or work for the drainage of water or the damming or filling of a watercourse, or

(c) a pipeline.

"vacant holding" means land in Zone 1 (a) or 9 (a) that:

(a) comprises one lot (which may be a consolidated lot) with an area of less than 60 hectares on which no dwelling is currently located, and

(b) was the total area of all adjoining or adjacent land held in one ownership on 1 July 2003.

"veterinary establishment" means a building or place used by a registered veterinary practitioner, and includes an animal hospital, a veterinary surgery and a veterinary clinic.

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