GRIFFITH LOCAL ENVIRONMENTAL PLAN 2002 -

New South Wales Consolidated Regulations

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GRIFFITH LOCAL ENVIRONMENTAL PLAN 2002 -

DICTIONARY

(Clause 6 (1))

"advertisement" has the meaning ascribed to it in section 4 of the Act.
"agribusiness" means an activity, industry or occupation based on or associated with rural activities on the subject land or in the locality.
"agriculture" means horticulture, the cultivation of crops (including cereals, fruit, vegetable or flower crops), horticultural, irrigation and dry land farming and includes:

(a) the keeping or breeding of livestock, bees or poultry and other birds, and

(b) the cultivation of plants in a wholesale plant nursery,

for commercial purposes.
"airline terminal" means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport.
"alter", in relation to a heritage item or to a building or work within a heritage conservation area, means:

(a) make structural changes to the outside of the heritage item, building or work, or

(b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work otherwise than by way of maintenance.

"animal establishment" means a building or place used for breeding, boarding, training, keeping or caring for animals for commercial purposes, and includes a riding school and veterinary clinic.
"appointed day" means the day on which this plan took effect.
"aquaculture" means cultivating (including propagating and rearing) the living resources of the sea or inland waters, whether or not that cultivation is carried out in a farm established for that purpose or is by use of an artificially created body of water.
"archaeological site" means a site identified as an archaeological site in Schedule 6.
"arterial road" means an existing road indicated on the zoning map by heavy broken black lines.
"AWTS" means aerated wastewater treatment systems.
"bed and breakfast establishment" means an existing lawful dwelling that is used by its permanent residents for the temporary accommodation of visitors for commercial purposes.
"boarding house" includes a house let in lodgings or a hostel, but does not include a motel.
"boundary adjustment" means a subdivision of land that does not create a greater number of lots than the number of lots comprising the land immediately before it is subdivided.
"brothel" means premises habitually used for the purposes of prostitution or premises that are designed to be used for that purpose. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.
"bus depot" means a building or place used for the servicing, repair and garaging of buses and other vehicles used for the purposes of a bus transport undertaking.
"bus station" means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.
"bushfire hazard reduction" means bushfire hazard reduction works in accordance with an approved bushfire risk management plan.
"car park" means land used for the parking of private passenger vehicles.
"car repair station" means a building or place used for the purpose of carrying out repairs to motor vehicles or agricultural machinery, not being:

(a) body building, or

(b) panel beating that involves dismantling, or

(c) spray painting other than of a touching-up character.

"caravan park" means an area used for the purpose of:

(a) placing moveable dwellings (within the meaning of the Local Government Act 1993 ) for permanent occupation or for the temporary accommodation of tourists, or

(b) the erection, assembly or placement of cabins for the temporary accommodation of tourists, or

(c) a camping ground.

"child care centre" means a building or place that is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:

(a) the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Act 1990 ,

(b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator).

"clear" means remove or destroy vegetation or structures.
"club" means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or of a different kind and whether or not the whole or a part of such building is the premises of a club registered under the Registered Clubs Act 1976 .
"cluster housing" means integrated residential development that consists of:

(a) the subdivision of land into three or more lots and the erection of a single dwelling on each lot that will be subject to a strata management statement, or restriction as to user, that prohibits any other dwelling on those lots, or

(b) the erection of a single dwelling on each of three or more lots proposed to be created by a subdivision where the erection of the dwellings occurs prior to the issue of a subdivision certificate for the subdivision.

"commercial premises" means a building or place used as an office or for other business or commercial purposes, but (in the table to clause 10) does not include a building or place elsewhere specifically defined in this Dictionary or a building or place used for a land use elsewhere specifically defined in this Dictionary.
"community facility" means a building or place owned or controlled by a public authority or a body of persons which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but (in the table to clause 10) does not include a building or place elsewhere defined in this Dictionary.
"conservation plan" means a document establishing the significance of a heritage item or a heritage conservation area and identifying the policies and management options that are appropriate to enable that significance to be retained in its future use and development.
"convenience store" means a shop selling a variety of small consumer goods and petrol, oil and petroleum products, whether or not other goods are available for hire there.
"demolish" or "demolition" means the destruction, pulling down, dismantling or removal or a building or structure, in whole or in part and, in relation to a heritage item, includes the damaging or defacing of the heritage item in whole or in part.
"depot" means a building or place used for the storage (but not sale) of plant, machinery, goods or materials used or intended to be used by the owner or occupier of the building or place, but (in the table to clause 10) does not include a building or place elsewhere defined in this Dictionary.
"dry land" means rural land situated outside an irrigation area or district.
"dual occupancy" means 2 dwellings, whether detached or not, on a single lot.
"dwelling" means a room or suite or rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate residence.
"dwelling house" means a building containing one, but not more than one, dwelling.
"educational establishment" means land used for a primary or secondary school, a museum, gallery, or a tertiary education institution (being a university, technical college, TAFE establishment or other specialist college providing formal education beyond secondary education and which is constituted by or under an Act).
It includes ancillary residential accommodation and facilities for students or staff, and land does not cease to be an educational establishment if there is community use or development for the purpose of a community use of the facilities or the land, whether for gain or not.
It does not include an institution, a training facility or a child care centre.
"environmental conservation" means the protection, rehabilitation or restoration of land, which is consistent with practices agreed to or authorised by:

(a) the Department of Land and Water Conservation (in relation to erosion control, management of drainage corridors and other activities the responsibility of that Department), or

(b) the Department of Agriculture (in relation to conservation farming and other activities the responsibility of that Department), or

(c) the National Parks and Wildlife Service (in relation to conservation of sites of archaeological significance, flora or fauna habitat or other activities the responsibility of that Service), or

(d) Fisheries NSW (in relation to managing fish, fish habitat and aquatic biodiversity and other activities the responsibility of that agency), or

(e) the Council.

"exhibition home" means a single dwelling on temporary display.
"existing holding" means:

(a) the area of a farm, lot, portion or parcel of land as it was at 18 November 1998, and

(b) if, as at 18 November 1998, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the combined area of those lots, portions or parcels as they were as at that date.

"extractive industry" means:

(a) the winning of extractive material, or

(b) an undertaking, not being a mine, which depends for its operations 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,

but does not include earthworks or works for drainage and landfill or maintenance dredging.
"extractive material" means sand, gravel, clay, turf, soil, rock, stone or similar substances.
"forestry" includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation, otherwise than in a saw mill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection.
"frost control fan" means a structure not more than 11 metres in height used for dispersal of frost and includes a device that consists of a tower approximately 10-11 metres in height with a 5.5-6 metre long propeller/blade at the top. An engine is mounted at the base of the tower and is used to drive the blade via driveshafts and gearing. The head of the fan rotates through 360 degrees on a vertical axis with the blade spinning at around 600 revolutions per minute. The head of the fan takes approximately 5 minutes to complete one 360 degree rotation.
"funeral establishment" means a building or place used for the conducting of funerals and for any associated activities which may include the provision of a crematorium, mortuary, preparation areas, offices, caretaker’s accommodation or the like, but does not include premises used solely as an office.
"general store" means a shop used for the sale by retail of general merchandise and which may include the facilities of a post office.
"generating works" means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.
"health care professional" means a person who provides professional health services to members of the public, and includes:

(a) a podiatrist registered under the Podiatrists Act 1989 , and

(b) a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors Act 2001 or Osteopaths Act 2001 , and

(c) a physiotherapist registered under the Physiotherapists Registration Act 1945 or Physiotherapists Act 2001 , and

(d) an optometrist registered under the Optometrists Act 1930 or Optometrists Act 2002 .

"helipad" means an area or place not open to public use that is set apart for the taking off and landing of helicopters.
"heliport" means an area or place open to public use for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.
"heritage conservation area" means land described as a heritage conservation area in Schedule 6 and includes buildings, works, relics, trees and places situated on or within that land.
"heritage item" means a building, work, relic, tree or place (which may or may not be situated on or within land that is a heritage conservation area) described as a heritage item in Schedule 6.
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"home business" means an activity, industry or occupation carried on in a single dwelling, or in the curtilage of a single dwelling, by a permanent resident or permanent residents of the dwelling:

(a) that does not adversely affect the amenity of the neighbourhood by reason of:
(i) the creation of or increase in traffic movements, motor or heavy vehicle servicing or the reduction of parking availability in the vicinity or the dwelling, or

(ii) the creation of noise, vibration, smoke, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or other substances, or

(iii) changes to the visual character of the dwelling, and

(b) where no articles or goods are displayed, sold, advertised or offered for sale on or from the dwelling or lot on which the dwelling is located, and

(c) where no or only one sign is in or on the dwelling that displays the name of the business and the names of the residents who conduct the business, and

(d) that is not a use of the dwelling for a bed and breakfast establishment, brothel, child care centre or medical centre.

"horticulture" means the permanent planting of fruit trees, vegetables, vines or nuts for commercial purposes and includes such uses as glasshouses, flower growing and hydroponics.
"hospital" means a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes:

(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and

(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.

"hotel" means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates.
"industry" means:

(a) any manufacturing process, or

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

but (in the table to clause 10) does not include an extractive industry, light industry, rural industry or offensive or hazardous industry.
"institution" means a penal or reformative establishment.
"intensive livestock keeping establishment" means a building or place declared to be designated development by the regulations under the Act in which or on which cattle, sheep, goats, poultry or other livestock are held for the purpose of nurturing by a feeding method other than natural grazing and, without limiting the generality of the foregoing, includes:

(a) feed lots, and

(b) piggeries, and

(c) poultry farms, and

(d) a fish farm (including a place at which crustaceans or oysters are produced or grown),

but does not include an animal establishment or land used for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land.
"irrigation land" means land that falls within the appropriate irrigation district or irrigation area as shown on the map “Griffith City Council Area” prepared by Murrumbidgee Irrigation held in the office of the Council and is not used for horticulture.
"itinerant workers’ accommodation" means a site used for the purpose of:

(a) placing moveable dwellings for temporary accommodation by itinerant workers, or

(b) the erection, assembly or placement of cabins for temporary accommodation by itinerant workers.

"junk yard" means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods used for the collection, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of their parts.
"light industry" means an industry, not being an offensive or hazardous industry, 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.
"liquid fuel depot" means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
"market" means a building or place used for the display and sale of primary products.
"medical centre" means a building used by one or more legally qualified medical practitioners or by one or more dentists within the meaning of the Dentists Act 1989 or Dental Practice Act 2001 , or by one or more health care professionals, who practise there the profession of medicine, dentistry or health care, respectively, and who employ ancillary staff in connection with that practice, but does not include methadone clinics adjacent to schools.
Where the building is not located on land within Zone 3 (a), a building is not a medical centre if the total number of medical practitioners, dentists and health care professionals practising within the building exceeds 3.
"mine" means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on which, in which or by which any operation is carried on for or in connection with the purpose of obtaining any metal or mineral by any mode or method and includes any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.
"motel" means a building or buildings (other than a hotel, boarding house or residential flat building) substantially used for the overnight accommodation of travellers and the vehicles used by them whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.
"motor showroom" means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed in it or on it.
"multi-dwelling housing" means development on one lot comprising 3 or more dwelling units.
"neighbourhood centre" means an integrated development containing shops and commercial premises that serve the local community and are limited in scale, with ancillary parking and landscaping and whether or not it also contains development for the purpose of a bus station, child care centre, club, community facility, dwelling attached to other buildings, hotel, place of assembly, place of public worship, medical centre, public building, recreation facility, refreshment room, retail plant nursery or service station.
"offensive or hazardous industry" means an industry to which State Environmental Planning Policy No 33-Hazardous and Offensive Development applies.
"place of assembly" means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl, racecourse, showground, or any other building of a like character used as such and whether used for the purposes of gain or not, but (in the table to clause 10) does not include a place of public worship, an institution or an educational establishment.
"place of public worship" means a building or place used for the purpose of religious worship whether or not in the Christian faith and whether or not the building or place is also used for counselling, social events, instruction or religious training.
"plant hire" means use of a building or place for the display and hire of machinery.
"principles of ecologically sustainable development" means the principles derived from the following paragraphs:

Ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes. Ecologically sustainable development can be achieved through the implementation of the following principles and programs:
(a) the precautionary principle-namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. In the application of the precautionary principle, public and private decisions should be guided by:
(i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and

(ii) an assessment of the risk-weighted consequences of various options,

(b) inter-generational equity-namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations,

(c) conservation of biological diversity and ecological integrity-namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration,

(d) improved valuation, pricing and incentive mechanisms-namely, that environmental factors should be included in the valuation of assets and services, such as:
(i) polluter pays-that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement, and

(ii) the users of goods and services should pay prices based on the costs involved in the full cycle of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste, and

(iii) environmental goals, having been established, should be pursued in the most cost-effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.

"protected lands" means environmentally sensitive land shown vertically hatched on the zoning map.
"public building" means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes.
"public utility undertaking" means any of the following undertakings carried on or permitted or suffered to be 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 or investigation services,

(c) emergency services,

(d) waste management facilities,

(e) telecommunications, radio and television transmission,

and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.
"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 the Council to provide facilities for the physical, cultural or intellectual welfare of the community, or

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

but does not include a racecourse or a showground.
"recreation establishment" means a health farm, religious retreat house, rest home, youth camp or the like, but (in the table to clause 10) does not include a building or place elsewhere specifically defined in this Dictionary or a building or place used or intended for use for a land use elsewhere specifically defined in this Dictionary.
"recreation facility" means a building or place used for indoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include a place of assembly.
"recreation vehicle area" means land so defined in the Recreation Vehicles Act 1983 .
"refreshment room" means a restaurant, café, tearoom, eating house or the like.
"relative", in relation to a person, means the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse.
"relic" means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the local government area of the City of Griffith which is 50 or more years old.
"research facility" means a building or place used for systematic investigation.
"residential development" means development, including subdivision, for the purpose of cluster housing, 3 or more dwellings, itinerant workers’ accommodation, multi-dwelling housing, residential flat buildings or rural workers’ dwellings.
"residential flat building" means a building that comprises:

(a) 3 or more storeys (not including levels below ground level provided for car parking or storage, or both, that do no protrude more than 1.2 metres above ground level), and

(b) 4 or more self-contained dwellings,

but does not include a class 1a building or a class 1b building under the Building Code of Australia .
"restricted premises" means business premises or a shop that, due to its nature, restricts access to customers over 18 years of age and includes a sex shop and the like, but does not include a tavern, hotel or brothel.
"retail plant nursery" means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are sold at it.
"retailing of bulky goods" means use of land for the sale by retail or auction, or the hire or display, or articles that 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 premises by members of the public for the purpose of loading articles into their vehicles after purchase.

Use of the land may include:

(a) plant sales and hire (that may include associated repairs and service), and

(b) vehicle parts and accessory sales (that may include fitting), and

(c) the sale of hardware, or landscaping or building supplies, and

(d) the sale of furniture, floor coverings, light fittings, large electrical goods, swimming pools, spas or camping equipment.

It does not include use of land for the sale of clothing or foodstuffs, or a motor showroom.
"retirement accommodation" means accommodation required for a relative who has retired from the family farm.
"road transport terminal" means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.
"roadside stall" means a building or place not exceeding 20 square metres in floor space or area, respectively, where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.
"rural industry" means handling, treating, processing, packing or transportation of primary products and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality.
"rural tourist facility" means:

(a) educational or recreational facilities for tourists that may include ancillary accommodation and are based on the rural, scenic or natural attributes of the locality, or

(b) tourist accommodation associated with the dwelling and farm buildings on a property principally used for primary production.

"rural worker’s dwelling" means a dwelling:

(a) that is the second dwelling on land on which there was a single dwelling, and

(b) that is occupied by persons engaged in rural occupations on that land.

"saw mill" 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 and other petroleum products, whether or not the building or place is also used for 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 involving the use of hand tools (other than repairing and servicing that involves top overhaul of motors, body building, panel beating or spray painting, or suspension, transmission or chassis restoration).

"shop" or "shopping centre" means a building or place used for the purpose of selling, exposing or offering for sale by retail goods, merchandise or materials, but (in the table to clause 10) does not include a building or place elsewhere specifically defined in this Dictionary or a building or place used for a land use elsewhere specifically defined in this Dictionary.
"speedway" means a track for racing cars, motorcycles and the like and includes ancillary facilities for parking, a playground, landscaping, liquor sales, recreation facilities, a refreshment room, roads and toilet facilities.
"stock and saleyard" means a building or place used for the purpose of offering animals for sale and includes a public cattle market.
"swimming pool" means a pool ancillary to a dwelling occupied for private use only.
"temporary building development", in relation to an application for a complying development certificate, means the erection of a building and its use for a period not exceeding 5 years specified in the application for the complying development certificate, being a building that is not used for residential purposes, or for the storage or handling of inflammable materials.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the Council" means Griffith City Council.
"tourist facility" means an establishment providing for holiday accommodation or recreation and may include a boatshed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, houseboat facilities, marina, motel, playground, refreshment room, water sport facilities or a club used in conjunction with any such activities.
"transport terminal" means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot.
"turf farming" means the commercial cultivation, and removal from land, of turf.
"utility installation" means:

(a) 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 or as a showroom, or

(b) a radio, television or telecommunications transmission tower.

"vehicle body repair workshop" means a building or place used for the repair of vehicles or agricultural machinery involving body building, panel beating or spray painting.
"warehouse" means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade.
"waste management facility" means any council-controlled premises or works used for the storage, treatment, reprocessing, sorting or disposal of waste and, without limiting the generality of the foregoing, includes:

(a) waste management and disposal centres, including landfill sites and waste transfer stations, and

(b) recycling facilities, including material recovery facilities and waste processing facilities, and

(c) parking or storage areas for equipment and plant associated with the Council’s waste management program.

"wetland" means land that forms a shallow water body when inundated cyclically, intermittently or permanently, being inundation that determines the type and productivity of soils and plant and animal communities.
"zoning map" means the series of maps marked “ Griffith Local Environmental Plan 2002 ”, as amended by the maps (or specified sheets of the maps) listed in Part 2 of Schedule 1.

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