EUROBODALLA URBAN LOCAL ENVIRONMENTAL PLAN 1999

New South Wales Consolidated Regulations

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EUROBODALLA URBAN LOCAL ENVIRONMENTAL PLAN 1999 - SCHEDULE 99

DICTIONARY

(Clause 5 (1))

"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, fibre or leather production, or

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

but does not include aquaculture.
"Animal establishment" means a building or place used for breeding, boarding, training, keeping or caring for animals for commercial purposes, other than agriculture, or by a government or animal welfare authority, but does not include a veterinary establishment.
"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 plant or other organisms.
"Bed and breakfast establishment" means the use of a dwelling-house (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.
"Boarding house" means a building or place:

(a) where accommodation, meals and laundry facilities are provided to the residents of the building or place, and

(b) which is the principal place of residence of the majority of those residents, and

(c) which is not licensed to sell liquor under the Liquor Act 1982 .

"Brothel" means a building or place habitually used for the purpose of prostitution.
"Bulky goods salesroom" means a building or place used for the sale by retail or by auction, or the hire or display, of items (whether goods or materials) which are of such a size, shape or weight as to require:

(a) a large area for handling, storage or display, or

(b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase,

but does not include a building or place used for the sale of human foodstuffs or clothing.
"Bushfire hazard reduction" means a reduction or modification (by burning, chemical, mechanical or manual means) of material that constitutes a bushfire hazard.
"Business incubator" means a building or place used to provide administrative support, technical advice, temporary rental accommodation or other means of assistance to new businesses.
"Caravan park" means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, placed or erected as defined in State Environmental Planning Policy No 21-Caravan Parks .
"Car park" means a building or place used for parking vehicles, whether or not operated for gain.
"Cemetery" means a building or place where human remains are permanently deposited or disposed of and includes a crematorium and ancillary buildings such as chapels, mortuaries and inurnment walls.
"Child care centre" means a building or place used for supervising or caring for children which:

(a) caters for 6 or more children at any one time, whether or not those children are related to the operator of the building or place, and

(b) may include an educational function, and

(c) may operate for gain,

but does not include a building or place providing residential care for children who are not related to the operator of the building or place.
"Commercial premises" means a building or place used for business or commercial purposes, but does not include a building or place elsewhere specifically defined in this plan.
"Community centre" means a building or place used for the provision of services for the physical, social, cultural, economic or intellectual welfare of the community by a body of persons associated to provide those services or by a public authority, but does not include a registered club.
"Community land" means land that is classified as community land under the Local Government Act 1993 .
"Council" means the Eurobodalla Shire Council.
"Demolish" a heritage item or a building, work, relic, tree or place within a heritage conservation area, means wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.
"Depot" means a building or place used mainly for the storage of any plant, machinery, motor vehicles or stock of materials or spare parts used in the course of any one business or industrial undertaking 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 lot of land for 2 (but not more than 2) dwellings, whether or not that lot is subsequently subdivided so as to site each dwelling or dwelling-house on a separate allotment.
"Dwelling" means a room or suite of rooms occupied or used or so constructed or adapted so as to be capable of being occupied or used as a separate domicile.
"Dwelling-house" means a building containing 1 (but not more than 1) dwelling.
"Educational establishment" means a building or place used for the purpose of giving and receiving instruction, whether or not for gain, and includes:

(a) an art gallery or museum, where the items displayed are not exhibited for the purpose of sale, and

(b) a school, and

(c) a college, TAFE establishment, technical college, academy, religious seminary, university or specialised tertiary institution constituted by or under an Act,

and includes any ancillary residential accommodation for students or staff, but does not include an institution or child care centre.
"Extractive industry" means:

(a) the winning of extractive material, or

(b) an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.

"Extractive material", in relation to an extractive industry, means sand, gravel, clay, soil, rock, stone or similar substances.
"Forestry" means arboriculture, silviculture, forest protection, the cutting, dressing and preparation, otherwise than in a sawmill, of wood and other forest products, and includes the construction of roads for such purposes.
"General store" means a building not exceeding 125 square metres in floor area used for the sale of food for consumption primarily off the premises and other merchandise, excluding fuel for motor vehicles.
"Generating works" means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.
"Health care practitioner" means a person who provides health services to members of the public.
"Helipad" means an area or place which is authorised by the Commonwealth for, and which is set apart for, the taking off and landing of helicopters.
"Heritage conservation area" means land shown edged with broken black lines on the land use map.
"Heritage item" means a building, work, relic, tree or place listed in clause 75.
"Heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"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.

"Hospital" means a building or place where medical, surgical or psychiatric treatment is provided to people who are ill or injured and who are accommodated overnight or longer on the premises, whether or not day patients are also treated there.
"Hotel" means a building or place to which a hotelier’s licence granted under the Liquor Act 1982 relates.
"Housing for older people or people with a disability" has the same meaning as in State Environmental Planning Policy No 5-Housing for Older People or People with a Disability .
"Indoor recreation facility" means a building used for indoor recreation, and includes a billiard saloon, table tennis centre, squash court, indoor swimming pool, basketball stadium, gymnasium, fitness centre, skating rink, bowling alley, fun parlour or any other building of a like character used for recreation, whether used for the purpose of gain or not, but does not include a building or place that is ancillary to a dwelling or dwellings on the same land if it is for the exclusive use of the occupants of the dwelling or dwellings.
"Industry" means a building or place where any one or more of the following are carried out:

(a) any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962 ,

(b) the breaking up or dismantling of any goods or any article for trade, sale or gain or as ancillary to any business,

but does not include an extractive industry, junkyard or waste collection centre.
"Institution" means a penal or reformative establishment.
"Integrated housing" means:

(a) the subdivision of land into 3 or more allotments, and

(b) the erection of a single dwelling-house on each of the allotments created by that subdivision.

"Junkyard" 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.
"Land clearing" means the destruction or removal by any means of native plants (except declared noxious weeds) otherwise than:

(a) within 3 metres of the boundary of land in different ownership, or

(b) on an allotment or portion of land with an area of less than 5,000 square metres, or

(c) where the area of land to be cleared in any 12-month period is less than 1,000 square metres.

"Land use map" means the map consisting of the series of sheets marked “ Eurobodalla Urban Local Environmental Plan 1999 ” kept in the office of the Council, as amended by the maps (or specified sheets of maps) so kept and 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 Urban Local Environmental Plan 1999 (Amendment No 6)

Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 8)

Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 10)

Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 13)

Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 16)

Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19) -Sheets 1 and 2

"Liquid fuel depot" means land used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
"Main road" means a road declared to be a main road under the Roads Act 1993 .
"Manufactured home estate" means land on which manufactured homes are, or are to be, erected as defined in State Environmental Planning Policy No 36-Manufactured Home Estates .
"Marina" means an artificially enclosed area of water, or pontoon, jetty, pier or the like, used to provide moorings for boats used for pleasure, recreation or commercial purposes, and may include or comprise:

(a) facilities on the same or adjoining land for the repair, maintenance and fuelling of, or the provision of supplies, accessories and parts for, boats or boating enthusiasts, or

(b) ancillary slipways, or

(c) boatsheds, or

(d) ancillary tourist accommodation and restaurants.

"Medical centre" means a building or place where medical, surgical or psychiatric treatment is provided to people who are not accommodated overnight on the premises and may include a pharmacy.
"Mine" means any land where:

(a) the winning of any metal or mineral is carried out, or

(b) an undertaking, not being an extractive industry, is carried on which depends for its operation on the winning of any metal or mineral from the land on which it is carried on, and includes any land used for associated storage, crushing or other treatment.

"Motor showroom" means a building or place used for the display or sale of motor vehicles, caravans or boats, and may include the display or sale of associated accessories.
"Offensive or hazardous industry" means an industry as defined in this plan that is also an offensive or hazardous industry within the meaning of State Environmental Planning Policy No 33-Hazardous and Offensive Development .
"Passenger transport terminal" means a building or place used for the assembly of passengers travelling by any form of passenger transport.
"Place of assembly" means a building or place used for the purpose of commercial entertainment or for hire for private functions involving gatherings of people, and includes a public hall, theatre, cinema, concert hall, dance hall or any other building of a like character used as such, and whether used for the purpose of gain or not.
"Place of worship" means a building or place used wholly or principally for the purpose of religious worship, whether by a congregation, religious group or members of the public.
"Plan of management" means a plan of management adopted by the Council pursuant to the Local Government Act 1993 .
"Potential archaeological site" includes a site known to the Council to have archaeological potential even if it is not so identified and shown.
"Private land" means land that is not owned by a public authority.
"Professional offices" means a building or place, not being a medical centre, at which health care practitioners or professional persons practise the profession of law, engineering, surveying, architecture or the like, but at which there is no retailing or vending of goods or property.
"Public authority premises" means a building or place used by a public authority to carry out its functions, and includes buildings used by a public authority for business or commercial purposes, but does not include a building or place specifically defined elsewhere in this plan.
"Public utility undertaking" means any of the following undertakings 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.

"Racecourse" means a place used for racing activities involving animals or motor vehicles and associated training, servicing and recreational facilities, whether or not the place is also used in part for a registered club.
"Recreation area" means:

(a) a children’s playground, or

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

(c) an area used by a 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 a racecourse, showground or registered club.
"Recreation establishment" means a place (other than a registered club) where recreational facilities are provided to members of the public for gain or recreational activities or programs are offered to members of the public for gain. Such recreational facilities, activities or programs may incorporate, but must not consist exclusively of, indoor recreational facilities, recreation areas or both.
"Registered club" means a building or place used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which is, or is intended to be, registered under the Registered Clubs Act 1976 .
"Relic" means any deposit, object or material evidence (which may consist of human remains) relating to:

(a) the use or settlement of the local government area of Eurobodalla, not being Aboriginal habitation, which is more than 50 years old, or

(b) Aboriginal habitation of the local government area of Eurobodalla either before or after its occupation by persons of European extraction.

"Residential flat building" means a building or a group of buildings comprising 3 or more dwellings, but does not include integrated housing.
"Restaurant" means a building, place or structure used principally for the sale of food and refreshments for consumption on the premises or on the land where it is located.
"Road" means:

(a) a public road within the meaning of the Roads Act 1993 , or

(b) a private road within the meaning of the Roads Act 1993 , or

(c) a carriageway on private land providing access to more than one property,

and includes a carriageway, footway, bicycle path, bridle trail and anything included as being a road within the meaning of the Roads Act 1993 .
"Roadside stall" means a building or place not exceeding 20 square metres in floor space or area used for retail sale of primary products produced on the same land or premises as the building or place is situated.
"Road transport terminal" means a building or place used mainly for the bulk handling of goods for transport by road, and includes facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.
"Service station" means a building or place used for the fuelling of motor vehicles involving the sale by retail of petroleum products, whether or not the building or place is also used for any one or more of the following purposes:

(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) servicing and repairs of motor vehicles, but not body building, panel beating, spray painting, or chassis realignment,

(e) a general store.

"Shop" means a building or place used for the purpose of selling items (whether goods or materials) by retail or by auction, or for hiring or displaying any such items for the purpose of selling or hiring them, but does not include a building or place elsewhere specifically defined in this plan.
"Storey" means:

(a) the space between two floors, or

(b) the space between a floor and any ceiling or roof immediately above it, or

(c) foundation areas, garages, workshops, storerooms and the like, where the height between natural ground level and the top of the floor immediately above them is 1.5 metres or more.

"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.
"Tourist accommodation" means a building or buildings used for the provision of temporary accommodation to tourists or travellers, but does not include:

(a) a bed and breakfast establishment, or

(b) a caravan park, or

(c) a hotel, or

(d) a dwelling-house or dwelling let casually for holiday accommodation where there is only one dwelling-house on the land or the dwelling is part of a dual occupancy.

"Utility installation" means a building or work used for a public utility undertaking, but does not include a building used wholly or principally for administration or as business premises, or as a showroom, a workshop or a depot.
"Vehicle repair station" means a building or place used for the purpose of carrying out repairs or modifications to, or of fitting accessories to, motor vehicles, boats, caravans, trailers and the like and agricultural machinery, other than a service station.
"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 purpose of treatment.
"Warehouse" means a building or place used for the storage of goods, merchandise or materials:

(a) pending their sale and distribution to persons engaged in the retail trade, or

(b) on a casual or hire basis,

and includes any ancillary showroom.
"Waste collection centre" means land used for the collection and temporary storage of not more than 40 cubic metres of waste materials pending distribution of the collected materials for either recycling or disposal at a site approved by the Council.

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