New South Wales Consolidated Regulations

EUROBODALLA RURAL LOCAL ENVIRONMENTAL PLAN 1987 - REG 9

9 Interpretation

(1) In this plan:
"adjacent land" includes land which, but for the presence of a road or waterway, would adjoin other land.
"agriculture" means:

(a) cultivating fruit, vegetable or other food, fibre or flower crops for commercial purposes, or

(b) keeping or breeding livestock, bees or poultry or other birds for commercial food or leather production, or

(c) cultivating plants in a wholesale nursery for commercial purposes,

but does not include aquaculture.
"airport" means a place used for the storage, landing, takeoff and servicing of aircraft and related passenger and freight transfer and storage facilities.
"appointed day" means the day on which this plan takes effect.
"aquaculture" means the commercial cultivation of the resources of the sea, estuarine or fresh waters for the propagation or rearing of marine, estuarine or freshwater fish or plants or other organisms.
"archaeological site" means the site of one or more relics.
"arterial road" means any existing road indicated on the map by a continuous red line between firm black lines.
"bed and breakfast establishment" means a lawfully erected dwelling-house that is used (in addition to its use as a principal place of residence) for the provision of temporary accommodation for not more than 6 tourists or travellers at any one time in not more than 3 bedrooms.
"community centre" means a building or place used for provision of services for the physical, social, cultural, economic or intellectual welfare of the community by a body of persons associated for such purposes or by a public authority, but does not include a club registered under the Registered Clubs Act 1976 .
"conservation management plan" means a document prepared in accordance with the requirements of the NSW Heritage Office that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
"Council" means the Council of the Shire of Eurobodalla.
"demolish" a heritage item, or a building, work, archaeological site, tree or place within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the building, work, archaeological site, tree or place.
"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.
"depot" means a building or place used for the principal purpose of storage of any plant, machinery, motor vehicles or stock of materials or spare parts used in the course of any one business or industrial or public utility undertaking, but does not include any part of the building or place used for sales by retail, wholesale or otherwise.
"dual occupancy" means the use of a single allotment or portion of land for a maximum of 2 dwellings or 2 dwelling-houses.
"heritage conservation area" means an area of land that is shown edged with blue broken lines on the map and includes buildings, works, archaeological sites, trees and places situated on or within the land.
"heritage impact statement" means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, archaeological site, tree or place within a heritage conservation area, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.
"heritage item" means a building, work, archaeological site or place described in Schedule 1.
"heritage significance" means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
"home business" means a business (other than a bed and breakfast establishment) carried out in a dwelling or dwelling-house or in an ancillary building on the same lot, but only if:

(a) the business is undertaken by the permanent residents of the dwelling or dwelling-house, and

(b) not more than one non-resident employee is employed on the premises at any one time, and

(c) only goods or products manufactured on the premises are sold on the premises directly to the public, and

(d) the use does not interfere with the amenity of adjoining properties or the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.

"junk yard" means land used:

(a) for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods, or

(b) for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of any parts of such automobiles, vehicles or machinery,

but does not include a waste collection centre or waste management facility.
"land clearing" means the destruction or removal of any native plant other than a noxious weed.
"maintenance" means the ongoing protective care of a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
"place of Aboriginal heritage significance" means:

(a) 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.

"potential archaeological site" means a site:

(a) that is specified in Schedule 1 and described in that Schedule as a potential archaeological site, or

(b) that, in the opinion of the consent authority, has the potential to be an archaeological site, even if it is not so specified.

"potential place of Aboriginal heritage significance" means a place:

(a) that is specified in an inventory of heritage items available at the office of the Council and described in the inventory as a potential place of Aboriginal heritage significance, or

(b) that, in the opinion of the consent authority, has the potential to have Aboriginal heritage significance, even if it is not so specified.

"racecourse" means a place used for sporting activities involving animals or motor vehicles and associated training and servicing facilities, whether or not the place is also used for a club.
"recreation area" means:

(a) a children’s playground,

(b) an area used for sporting activities or sporting facilities,

(c) an area used by the Council or other public authority to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or

(d) an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include racecourses or showgrounds.
"relic" means:

(a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the Eurobodalla Shire and that is a fixture or is wholly or partly within the ground, or

(b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of the Eurobodalla Shire.

"renovation", in relation to a building or work, means:

(a) the making of structural changes to the inside or outside of the building or work, or

(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering or other decoration of the outside of the building or work.

"residential flat building" means a building containing 2 or more dwellings, but does not include a building containing 2 dwellings on land used for the purpose of dual occupancy.
"showground" means a place used for shows, exhibitions or public entertainment of a temporary duration, whether or not of a commercial nature.
"telecommunications facility" means:

(a) any part of the infrastructure of a telecommunications network, or

(b) any line, equipment, apparatus, 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,

but does not include facilities listed in the Schedule to the Telecommunications (Low Impact Facilities) Determination 1997 of the Commonwealth, a copy of which is held at the office of the Council.
"the map" means the series of maps marked “ Eurobodalla Rural Local Environmental Plan 1987 ” deposited in the office of the Council, as amended by the 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.

Eurobodalla Local Environmental Plan No 79 , Sheet 1

Eurobodalla Local Environmental Plan No 111 -Sheet 2

Eurobodalla Local Environmental Plan No 120 , Sheet 2

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 1)

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 2) Fig C

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 6)

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 7)

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 9)

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 10)

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 17)

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 19)

Eurobodalla Urban Local Environmental Plan 1999

"tourist accommodation" means tents, caravans, vehicles or a building or buildings used or intended to be used for the provision of temporary accommodation for tourists or travellers, and includes dwellings or dwelling-houses which are used or intended to be used only for temporary accommodation of tourists or travellers, but does not include a bed and breakfast establishment.
"tourist recreation facilities" means an establishment providing tourist accommodation or recreational opportunities, or both, and includes any associated facilities such as shops or other services primarily intended to serve the needs of tourists and holidaymakers.
"veterinary establishment" means a building or place used for diagnosis and surgical or medical treatment of animals, whether or not animals are kept on the premises for the purposes of treatment.
"waste collection centre" means land used for the collection and temporary storage of waste materials up to a maximum of 40 cubic metres pending distribution of the collected materials for either recycling or disposal at a site approved by the Council.
"waste management facility" means a place used by or on behalf of a public authority to store, treat, purify or dispose of waste or sort, process, recycle, recover, use or reuse material from waste, but does not include a waste collection centre or junk yard.

(2) In this plan:

(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,

(b) a reference to a map is a reference to a map deposited in the office of the Council, and

(c) a reference to land within a zone specified in clause 10 is a reference to land shown on the map in the manner indicated in the Table to clause 11.

(3) Notes in this plan do not form part of this plan.