New South Wales Consolidated Regulations

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FAIRFIELD LOCAL ENVIRONMENTAL PLAN 1994 -

DICTIONARY

"Abattoir" means a building or place used for the slaughter of animals, whether or not the by-products are processed, manufactured or distributed, and includes a knackery.
"acid sulfate soils" means actual or potential acid sulfate soils as defined in the Acid Sulfate Soils Assessment and Management Guidelines .
"Acid Sulfate Soils Assessment and Management Guidelines" means the Acid Sulfate Soils Assessment and Management Guidelines published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee (ASSMAC) and adopted by the Director-General.
"Acid Sulfate Soil Planning Map" means the map marked “ Acid Sulfate Soil Planning Map ” kept in the office of the Council.
"Advertisement" means a display of symbols, messages or devices for promotional purposes or for conveying information, instructions or directions, whether or not the display involves the erection of a structure or the carrying out of a work.
"Aged and disabled persons’ housing" means residential accommodation which:

(a) is or is intended to be used permanently as housing for persons aged 55 years or over or for disabled persons,
(b) may consist of hostels or a grouping of 2 or more self-contained dwellings or a combination of both, and
(c) includes one or more of the following facilities provided for use in connection with that accommodation:
(i) accommodation for staff employed or to be employed,
(ii) chapels,
(iii) health consulting rooms,
(iv) meeting rooms,
(v) recreation facilities,
(vi) shops,
(vii) therapy rooms, and
(viii) any other facilities for the use or benefit of persons living in the accommodation.
"Agriculture" means:
(a) the cultivation of crops,
(b) the keeping or breeding of livestock, bees, poultry or other birds, or
(c) the cultivation (including the propagation and rearing) of the living resources of the sea or inland waters, whether or not that cultivation is carried out in a farm established for that purpose, using an artificially created body of water,
for commercial purposes, but (except in this Dictionary) does not include anything elsewhere defined in this plan.
"Alter", in relation to a heritage item, means make structural or non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, not including maintenance.
"Amusement centre" means a building used for the purposes of playing:
(a) billiards, pool or other table games, or
(b) pinball machines or other electrical or mechanical amusement devices.
"Animal establishment" means a building or place used for the breeding, boarding, training or keeping of, or caring for, animals for commercial purposes.
"Amusement park" means a place where amusements or mechanical or electrical entertainments are permanently situated.
"Arterial road" means:
(a) a road shown on the map by grey colour with a continuous black line, or
(b) a classified road as determined under the Roads Act 1993 .
"Brothel" means a building or place used or designed to be used by one or more persons for the purpose of prostitution, a swingers’ club, a sex-on-premises venue or for any similar purpose.
"Bulky goods salesroom or showroom" means a building or place used for the sale by retail or 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 or hire,
but does not include a building or place used for the sale of foodstuffs or clothing.
"Business premises" means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities or in which there is carried on an occupation or profession, but does not include a building or place elsewhere defined in this plan.
"Camping ground" and "caravan park" have the same meanings as under the Local Government Act 1993 .
Note: In the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993 :
"caravan park" means a property used for the placement of caravans and camper vehicles.
"camping ground" means a property used for the placement of tents and camper vehicles,
"Carpark" means a building or place used for parking vehicles (other than in conjunction with another purpose) whether or not operated for gain, and includes any associated access and manoeuvring space.
"Child care centre" means a building or place (other than a family day care home or home base care home) used for the purpose of supervising or caring for children which:
(a) caters for more than 7 children, whether or not some of those children are related to the owner or operator,
(b) includes an educational function,
(c) may operate for the purpose of gain, and
(d) does not provide overnight accommodation for children other than those related to the owner or operator.
"Club" means a building or place used for the gathering of persons for social, literary, political, sporting, athletic or other lawful purposes and includes a club registered or intended to be registered under the Registered Clubs Act 1976 .
"Commercial sign" means an advertisement which contains only:
(a) a reference to:
(i) the identification or description of the building or place,
(ii) the identification or description of any person living or carrying on an occupation in the building or place,
(iii) particulars of any occupation carried on or in the building or place, or
(iv) any affiliation with a trade, professional or other association relevant to the business carried on in the business or place,
on which the advertisement is displayed, or
(b) particulars relating to:
(i) any necessary or usual directions or cautions relating to the building or place or any occupation carried on,
(ii) goods, commodities or services dealt with or provided, or
(iii) any activities held or to be held,
at the building or place on which the advertisement is displayed, or
(c) a notice that the building or place on which the advertisement is displayed is for sale or lease together with details of the sale or lease, or
(d) information required or permitted to be displayed by or under any State or Commonwealth Act.
"Communication facility" means a building, structure, work or place used primarily for the purposes of transmitting or receiving signals for the purposes of communication and includes radio masts and towers but excludes satellite dishes.
"Community facility" means a building or place owned or controlled by a public authority or a body of persons which provides for the physical, social, cultural or intellectual development, safety or welfare of the community, but does not include a building or place elsewhere defined in this clause.
"Corporation" means the Corporation constituted by section 8 (1) of the Environmental Planning and Assessment Act 1979 .
Note: Section 8 (1) of the Environmental Planning and Assessment Act 1979 states that:
the Minister is, for the purpose of exercising those functions expressed to be conferred or imposed on the corporation by or under this or any other Act, incorporated as a corporation sole with the corporate name “Minister administering the Environmental Planning and Assessment Act 1979 ”.
"Council" means the Council of the City of Fairfield.
"Demolish", in relation to a heritage item, means damage, deface, destroy, pull down or remove any part of the outside of the heritage item.
"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 dwelling which is the only dwelling erected on an allotment of land.
"Education establishment" means a building or place used for teaching and learning and includes:
(a) a school,
(b) a tertiary institution, being a university, college of advanced education, teachers’ college, technical college or other tertiary college providing formal education which is constituted by or under an Act, and
(c) an art gallery or museum not used to sell the items it displays,
whether or not accommodation for staff and students is provided and whether or not used for the purposes of gain.
"Entertainment facility" means a building or place used for the purpose of sport, entertainment, exhibitions or displays and includes sport stadiums, showgrounds, race courses and places of public entertainment, but does not include a building or place defined elsewhere in this plan.
"Extractive industry" means:
(a) an activity involving the obtaining or removal of extractive material from land,
(b) an industry or undertaking (other than a mine) which depends on the obtaining or removal 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, or
(c) manufacturing of clay products.
"Extractive material" means natural resources such as sand, soil, clay, shale and gravel, but does not include coal, petroleum, uranium or any material within the meaning of the Mining Act 1992 , the Coal Mines Regulation Act 1982 or the Petroleum (Onshore) Act 1991 .
"Family day care home" or "home base care home" means a dwelling used for the supervision and care (excluding overnight accommodation) of not more than 7 children.
"Flood-liable land" means land identified by the Council as being affected by flooding and indicated on the flood maps held by the Council.
"Floodway" means the channel of a river or stream and those portions of the flood-plan adjoining the channel which constitute the main flow path for floodwaters.
"Floor space ratio" means the proportion of the floor area of a building to the area of its site.
"Forestry" means the cultivation, growing and tending of trees and shrubs and includes forest protection, the cutting, dressing and preparation of wood and other forest products other than in a sawmill, and any construction or maintenance of roads required for the removal of wood, forest products and forest protection.
"Gaming machine" means any device declared to be an approved amusement device pursuant to section 158 of the Liquor Act 1982 , any approved amusement device as defined in the Registered Clubs Act 1976 , any approved gaming device as defined in the Liquor Act 1982 or the Registered Clubs Act 1976 , or any approved, authorised or established poker machine as defined in the Liquor Act 1982 or the Registered Clubs Act 1976 .
"Gaming tavern" means a hotel which does not provide accommodation (other than caretaker’s facilities) and includes more than 3 gaming machines.
"Generating works" means a building or place used for the purpose of making or generating gas, electricity or other forms of energy, but excludes temporary or portable generating works.
"Group home" means a permanent group home or a transitional group home.
"Hazardous industry" means a development for the purposes of an industry which, when the development is 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 development from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:
(a) to human health, life or property, or
(b) to the biophysical environment.
"Hazardous storage establishment" means any establishment where goods, materials or products are stored which, 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 establishment from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:
(a) to human health, life or property, or
(b) to the biophysical environment.
"Health care professional" is a person registered under the appropriate Act or by the appropriate professional association and who renders health services to members of the public.
"Health consulting rooms" means a room or rooms within a dwelling house used by not more than 3 health care professionals of whom one permanently resides in the dwelling house and each of whom employs not more than one additional person.
"Helicopter landing site" 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 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.
"Heritage item" means a building, work, relic, tree or place identified in Schedule 4.
"Heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"Home base care home" or "family day care home" means a dwelling used for the supervision and care (excluding overnight accommodation) of not more than 7 children.
"Home business" means an activity (not being prostitution) carried on for the purpose of an office, light industry or business by means of:
(a) a dwelling, or
(b) an allotment containing a dwelling, or
(c) a building erected on an allotment containing a dwelling,
but only if:
(d) the use is carried on only by permanent residents of the dwelling and by no more than two of those permanent residents, and
(e) the use does not interfere unreasonably with the amenity of adjoining properties or the locality in which the dwelling is situated.
"Hospital" means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to people admitted as in-patients, whether or not out-patients are also cared for or treated, and may include:
(a) a nursing home,
(b) ancillary facilities for accommodation of staff and visitors, and
(c) associated education or research facilities.
"Hostel" means a building where accommodation and meals or kitchen facilities are provided to the residents whether or not on a shared basis and where a person with nursing or social work experience, or other similar experience, maintains and provides services for the occupants of the building on a full-time basis.
"Hotel" means a building or place specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982 .
"Industry" means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for commercial purposes, but (except in this Dictionary) does not include anything elsewhere defined in this plan.
"Institution" means a building or place used as a penal or reformative establishment.
"Intensive agriculture" means any form of agriculture which requires the waste, including faeces, to be disposed of on land which is not simultaneously used for the nurturing of livestock and poultry, and includes poultry farming and piggeries.
"Junkyard" means a building or place used for abandoning materials or for collecting, dismantling, storing or recycling second-hand or scrap materials for the purpose of resale.
"Light industry" means an industry that is not an offensive or hazardous industry in which none of the processes carried on or the transportation involved or the machinery or materials used or the scale of the activities involved interferes unreasonably with the amenity of the neighbourhood.
"Maintenance" means the continuous protective care of the existing detail, fabric, finish or appearance of the outside of a heritage item.
"Map" means the map consisting of 7 sheets marked “ Fairfield Local Environmental Plan 1994 ” as amended by the maps marked as follows:
Note: The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
Fairfield Local Environmental Plan 1994 (Amendment No 1 -Sheets 1 to 5)
Fairfield Local Environmental Plan 1994 (Amendment No 3)
Fairfield Local Environmental Plan 1994 (Amendment No 5 -Sheets 1 and 2)
Fairfield Local Environmental Plan 1994-(Amendment No 7) -Sheets 1-6
Fairfield Local Environmental Plan 1994 (Amendment No 8) -Sheets 1 to 7
Fairfield Local Environmental Plan 1994 (Amendment No 8A)
Fairfield Local Environmental Plan 1994 (Amendment No 9)
Fairfield Local Environmental Plan 1994 (Amendment No 10)
Fairfield Local Environmental Plan 1994 (Amendment No 11)
Fairfield Local Environmental Plan 1994 (Amendment No 13)
Fairfield Local Environmental Plan 1994 (Amendment No 14) -Sheets 1 and 2
Fairfield Local Environmental Plan 1994 (Amendment No 17) -Sheets 1 and 2
Fairfield Local Environmental Plan 1994 (Amendment No 18)
Fairfield Local Environmental Plan 1994 (Amendment No 19)
Fairfield Local Environmental Plan 1994 (Amendment No 27)
Fairfield Local Environmental Plan 1994 (Amendment No 28)
Fairfield Local Environmental Plan 1994 (Amendment No 29)
Fairfield Local Environmental Plan 1994 (Amendment No 32)
Fairfield Local Environmental Plan 1994 (Amendment No 33) -Sheet 1
Fairfield Local Environmental Plan 1994 (Amendment No 34)
Fairfield Local Environmental Plan 1994 (Amendment No 35)
Fairfield Local Environmental Plan 1994 (Amendment No 38)
Fairfield Local Environmental Plan 1994 (Amendment No 39)
Fairfield Local Environmental Plan 1994 (Amendment No 40)
Fairfield Local Environmental Plan 1994 (Amendment No 43)
Fairfield Local Environmental Plan 1994 (Amendment No 46)
Fairfield Local Environmental Plan 1994 (Amendment No 49)
Fairfield Local Environmental Plan 1994 (Amendment No 52)
Fairfield Local Environmental Plan 1994 (Amendment No 58)
Fairfield Local Environmental Plan 1994 (Amendment No 66)
Fairfield Local Environmental Plan 1994 (Amendment No 67)
Fairfield Local Environmental Plan 1994 (Amendment No 74)
Fairfield Local Environmental Plan 1994 (Amendment No 75)
Fairfield Local Environmental Plan 1994 (Amendment No 76)
Fairfield Local Environmental Plan 1994 (Amendment No 78)
Fairfield Local Environmental Plan 1994 (Amendment No 81)
Fairfield Local Environmental Plan 1994 (Amendment No 85)
Fairfield Local Environmental Plan 1994 (Amendment No 93) -Sheets 1 to 3
Fairfield Local Environmental Plan 1994 (Amendment No 99)
Fairfield Local Environmental Plan 1994 (Amendment No 109)
Fairfield Local Environmental Plan 1994 (Amendment No 117) -Sheets 1-4
Fairfield Local Environmental Plan 1994 (Amendment No 121) -Sheet 1
Fairfield Local Environmental Plan 1994 (Amendment No 124)
Fairfield Local Environmental Plan 1994 (Amendment No 126) -Sheet 1
Fairfield Local Environmental Plan 1994 (Amendment No 127)
Fairfield Local Environmental Plan 1994 (Amendment No 130)
Fairfield Local Environmental Plan 1994 (Environmental Planning and Assessment Act 1979-Section 75R (3A) Order 2010)
Fairfield Local Environmental Plan 1994 (State Environmental Planning Policy (Western Sydney Parklands) 2009 amendment) Land Zoning Map -Sheet LZN 001
"Medical centre" means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.
"Mine" means a place at which there is obtained, or from which there is removed, any material to which the Mining Act 1992 , the Coal Mines Regulation Act 1982 , or the Petroleum (Onshore) Act 1991 applies, and includes the storage and primary processing of the material obtained.
"Motel" means a building or place used for the temporary or short-term accommodation of travellers or the general public, whether or not a refreshment room is included, but does not include a hotel.
"Motor showroom" means a building or place used for the display or sale of motor driven or motor drawn vehicles or boats.
"Moveable dwelling" has the same meaning as in the Local Government Act 1993 .
Note: "Moveable dwelling" as defined in the Local Government Act 1993 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 for the purposes of this definition.
"Multi-unit housing" means 2 or more dwellings (whether or not attached) on one allotment of land, each with private access to ground level open space.
"Offensive industry" means an industry which, 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 industry from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact on the locality or on existing or likely future development on other land in the locality.
"Offensive storage establishment" means any establishment where goods, materials or products are stored which, 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 establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
"outdoor dining area" means a footpath, town square, plaza, park or other space that, in association with an adjacent refreshment room, is used for the purpose of placing tables and chairs for eating or socialising.
"Permanent group home" means a dwelling:
(a) which is used to provide a household environment for disabled persons or socially disadvantaged persons, whether or not those persons are related, and
(b) which is occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy No 5-Housing for Aged or Disabled Persons applies.
"Place of public entertainment" has the same meaning as in the Local Government Act 1993 .
Note: "Place of public entertainment" as defined in the Local Government Act 1993 means:
(a) a drive-in theatre, or
(b) an open-air theatre, or
(c) a theatre or public hall, or
(d) licensed premises.
"drive-in theatre" means any place or structure:
(a) which is used or intended to be used for the purposes of exhibiting or screening films (within the meaning of the Film and Video Tape Classification Act 1984 ) in the open air, and
(b) in respect of which provision is made for the parking or accommodation of motor vehicles from which such films are to be viewed, and
(c) to which admission may ordinarily be gained by members of the public on payment of money, or other consideration, as the price or condition of admission,
and includes any building used or intended to be used in connection with the place or structure.
"open-air theatre" means any place or structure:
(a) which is used or intended to be used for the purpose of exhibiting or screening films (within the means of Film and Video Tape Classification Act 1984 ) in the open air, and
(b) to which admission may ordinarily be gained by members of the public on payment of money, or other consideration, as the price or condition of admission,
and includes any building used or intended to be used in connection with the place or structure, but does not include a drive-in theatre.
"theatre or public hall" means any building or part of a building that is used or intended to be used for the purpose of providing public entertainment or conducting public meetings.
"licensed premises" means premises the subject of:
(a) a licence under the Liquor Act 1982 , or
(b) a certificate of registration under the Registered Clubs Act 1976 ,
that are used or intended to be used for the purpose of providing entertainment.
"Place of worship" means a building or place used predominantly for the purpose of religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.
"Plant hire" means a building or place used for the purpose of hire of builder’s and handyman’s tools, plant and equipment and the service and maintenance of such machinery.
"Plant nursery" means a building or place used for growing and selling plants whether or not also for storing, handling and subsequent distribution of plants, landscape supplies (including earth products) or other horticultural products for wholesale or retail sale to the public.
"Prostitution" means the offering by a person of his or her body to a person of the same or different sex for sexual gratification in return for payment, and includes:
(a) sexual intercourse as defined in section 61H of the Crimes Act 1900 , and
(b) masturbation committed by one person on another, for payment.
"Putrescible waste" means any material which produces a gas of decomposition as a by-product of degradation, fermentation or stabilisation.
"Recreation facility" means a building or place used for sporting, recreation or leisure activities whether or not operated for the purpose of gain but does not include a building or place elsewhere defined in this plan.
"Refreshment room" means a building or place used principally to provide food for people to consume in that building or place.
"Relic" means any deposit, object or material evidence more than 50 years old relating to the use or settlement of the area of Fairfield.
"Residential flat building" means a building containing 3 or more dwellings, but does not include multi-unit housing.
"Road" means a public thoroughfare used for the passage of persons, vehicles or animals, and includes:
(a) the airspace above the surface of the road, and
(b) the soil beneath the surface of the road, and
(c) any bridge, tunnel, causeway, road ferry, ford or other works or structure forming part of the road.
"Roadside stall" means a temporary structure used to sell primary produce grown on the land on which the structure is located.
"RTA" means the Roads and Traffic Authority constituted under the Transport Administration Act 1988 .
"Rural industry" means an industry involving:
(a) the treating or processing of primary products, or
(b) the regular servicing or repairing of plant or equipment used for agriculture or for the treating or processing of primary products.
"Sawmill" means a mill handling, cutting and processing timber from logs or baulks.
"Service station" means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following purposes:
(a) the sale by retail of spare parts and accessories and installation of motor vehicle accessories for motor vehicles,
(b) the washing and greasing of motor vehicles,
(c) the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting), and
(d) the sale by retail of grocery and other small consumer items.
"Serviced apartments" means a building containing dwellings which are cleaned and otherwise serviced or maintained by the non-occupant owner or an agent.
"Shop" means a building or place used for the purpose of retail sale, auction sale, hire or display for the purpose of sale or hire of goods, materials and merchandise, but does not include a building or place elsewhere defined in this plan.
"Stock and sales yard" means a building or place used for the purpose of offering livestock or poultry for sale.
"Telecommunications facility" means a telecommunication pit, manhole, cable location marking post or sign, public pay phone instrument, underground equipment shelter or housing, underground conduit or cable, satellite dish, overhead cabling on existing power lines or any similar structure or facility but does not include a building or place elsewhere defined in this plan.
"Transitional group home" means a dwelling:
(a) which is used to provide temporary accommodation for the purpose of relief or rehabilitation for disabled persons or socially disadvantaged persons, whether or not those persons are related, and
(b) which is occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care, and with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy No 5-Housing for Aged or Disabled Persons applies.
"Transport depot" means a building or place used for the servicing, garaging, parking or repair of motor powered or any motor drawn vehicle used in connection with passenger or goods transport, business or industry, but does not include a building or place elsewhere defined in this plan.
"Transport terminal" means any building or place used for the assembly and dispersal of passengers or goods.
"Used clothing bin" means a free standing, attached or removable structure or object used or designed to be used for the purpose of collecting clothing, whether used or not.
"Utility installation" means a building or place used by or on behalf of a public authority or 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,
(b) the provision of sewerage or drainage services,
(c) the supply of water, hydraulic power, electricity or gas, or
(d) telecommunications facilities.
"Vehicle body repair workshop" means a building or place used for the repair of motor vehicles or agricultural machinery involving body building, panel beating or spray painting.
"Vehicle repair station" means a building or place used for:
(a) the selling or fitting of accessories to, or
(b) the repair other than body building, panel beating or spray painting of, motor vehicles or agricultural machinery.
"Veterinary hospital" means a building or place used for the purpose of providing professional services to animals (including preventative care, diagnosis, medical or surgical treatment) whether or not the animals are kept on the premises for the purpose of treatment.
"Warehouse" means a building or place used for the storing, handling and subsequent distribution of goods, materials or merchandise but does not include a shop or other building or place elsewhere defined in this plan.
"Zone" means a classification of land shown on the map by distinctive colouring and lettering.


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