GREAT LAKES LOCAL ENVIRONMENTAL PLAN 1996 -

New South Wales Consolidated Regulations

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GREAT LAKES LOCAL ENVIRONMENTAL PLAN 1996 -

DICTIONARY

(Clause 1)

"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.
"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.
"Aerodrome" has the meaning ascribed to it in the Air Navigation Regulations made under the Air Navigation Act 1920 of the Commonwealth.
"Agriculture" means any of the following:

(a) animal boarding or training establishments,

(b) aquaculture,

(c) cotton cultivation,

(d) extensive agriculture,

(e) farm forestry,

(f) horticulture,

(g) intensive livestock agriculture,

(h) rice cultivation,

(i) turf farming,

(j) viticulture.

"Animal establishment" means a building or place used for the breeding, boarding, training or keeping of, or caring for, animals for commercial purposes.
"Aquaculture" means the cultivation (including propagating 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.
"Archaeological site" means a heritage item that has, in the opinion of the Council, archaeological significance.
"Arterial road" means a road that carries through traffic from one area or region to another, and which may or may not be a classified road within the meaning of the Roads Act 1993 .
"Backpackers accommodation" means a dwelling, residential flat building or hostel having an average of two beds or more per room and providing shared accommodation for persons who have their principal place of residence elsewhere.
"Bed and breakfast establishment" means the use of no more than three bedrooms, contained within a building lawfully being used as a dwelling house, for the overnight accommodation of no more than six travellers.
"Boarding house" means a building wholly or partly let in lodgings which provides lodgers with a principal place of residence, but does not include backpackers’ accommodation, a building containing serviced apartments, a hotel or a motel.
"Bulky goods premises" means a building or place used primarily for the sale by retail, wholesale or auction of (or for the hire or display of) bulky goods, being goods that are of such size or weight as to require:

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

(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading and unloading such goods into or from their vehicles after purchase or hire,

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.
"Bushfire hazard reduction" means a reduction (by controlled burning or mechanical or manual means) of material that constitutes a bush fire hazard.
"Camping ground" or "caravan park" means a site used for the purpose of:

(a) placing moveable dwellings (as defined in the Local Government Act 1993 ) for permanent accommodation or for temporary accommodation by tourists, or

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

"Carpark" means a building or place used for parking vehicles (otherwise than as an ancillary use of land) 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 based care home) used for the purpose of supervising or caring for children and which:

(a) caters for more than 7 children, whether or not some of those children are related to the owner or operator, and

(b) includes an educational function, and

(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 premises" means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere defined in this plan.
"Communication facility" means a building, structure, work or place used primarily for transmitting or receiving signals for the purposes of communication, and includes radio masts and towers, but not 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 plan.
"Conservation plan" means a document, including diagrams, establishing the heritage significance of a heritage item or a heritage conservation area and identifying the conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
"Convenience store" means a shop selling a variety of small consumer goods.
"Council" means the Council of Great Lakes.
"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.
"Designated State public infrastructure" means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:

(a) State and regional roads,

(b) bus interchanges and bus lanes,

(c) land required for regional open space,

(d) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).

"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.
"Educational establishment" means a building or place used for teaching and learning, and includes:

(a) a school, or

(b) a tertiary institution which is constituted by or under an Act, being a university, teachers’ college, technical college or other tertiary college providing formal education, or

(c) an art gallery or museum that is 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:

(a) sports stadiums, showgrounds, race courses and the like, or

(b) theatres, cinemas, music halls, concert halls, open air theatres, and drive-in theatres and the like.

"Environmental facility" means a structure or work that provides for:

(a) nature or scientific study or display facilities such as walking tracks, cycleways, boardwalks, observation decks, bird hides or the like, or

(b) environmental management or restoration facilities such as those for bush regeneration, swamp restoration, erosion and run-off prevention works, restoration of dunes or the like, but does not include a structure or work for the purpose of drainage or flood mitigation.

"Environmental protection works" means works associated with the rehabilitation of land towards its natural state or any other work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like.
"Exhibition home" means a dwelling-house or dwelling used temporarily for display purposes, and includes a sales office for the purpose of promoting the sale of that or other dwellings and interior household fixtures.
"Extractive industry" means:

(a) an activity involving the obtaining or removal of extractive material from land, or

(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" means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions:

(a) the service is appropriately licensed under the Children and Young Persons (Care and Protection) Act 1998 ,

(b) the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.

"Flood-liable land" means land identified by the Council as being affected by flooding and indicated as such on the map.
"Floodway" means the channel of a river or stream and those portions of the flood-plain adjoining the channel which constitute the main flow path for floodwaters.
"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 otherwise than in a sawmill, and any construction or maintenance of roads required for the removal of wood, forest products and forest protection.
"Generating works" means a building or place used for the purpose of making or generating gas, electricity or other forms of energy, but not temporary or portable generating works.
"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.

"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 conservation area" means land shown by distinctive edging and marked “Heritage Conservation Area” on the map.
"Heritage item" means a building, work, relic, tree or place specified in Schedule 2.
"Heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"home business" means a business carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:

(a) the employment of more than 2 persons other than those residents, or

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or

(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or

(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, or

(f) the use of more than 50 square metres of floor area to carry on the business,

but does not include a bed and breakfast establishment or the use of premises for the provision of sexual services in exchange for payment.
"home occupation" means an occupation carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:

(a) the employment of persons other than those residents, or

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(c) the display of goods, whether in a window or otherwise, or

(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the occupation carried on in the dwelling), or

(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

but does not include a bed and breakfast establishment or the use of premises for the provision of sexual services in exchange for payment.
"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 includes:

(a) a nursing home, or

(b) ancillary facilities for accommodation of staff and visitors, or

(c) associated educational 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 does not include an activity elsewhere defined in this plan.
"Institution" means a building or place used as a penal or reformative establishment.
"Intensive agriculture" means a form of agriculture, such as an intensive livestock enterprise, which requires particular treatment or practices for the management of wastes (including faeces or other by-products) or which requires separation from surrounding land uses to minimise the risk of land use conflict for another reason.
"Light industry" means an 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.
"Map" means the map marked “ Great Lakes Local Environmental Plan 1996 ” as amended by the maps (or specified sheets of 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.

Great Lakes Local Environmental Plan 1996 (Amendment No 1)

Great Lakes Local Environmental Plan 1996 (Amendment No 2)

Great Lakes Local Environmental Plan 1996 (Amendment No 5)

Great Lakes Local Environmental Plan 1996 (Amendment No 6)

Great Lakes Local Environmental Plan 1996 (Amendment No 7)

Great Lakes Local Environmental Plan 1996 (Amendment No 8)

Great Lakes Local Environmental Plan 1996 (Amendment No 13)

Great Lakes Local Environmental Plan 1996 (Amendment No 14)

Great Lakes Local Environmental Plan 1996 (Amendment No 15)

Great Lakes Local Environmental Plan 1996 (Amendment No 18)

Great Lakes Local Environmental Plan 1996 (Amendment No 19)

Great Lakes Local Environmental Plan 1996 (Amendment No 20)

Great Lakes Local Environmental Plan 1996 (Amendment No 21)

Great Lakes Local Environmental Plan 1996 (Amendment No 24)

Great Lakes Local Environmental Plan 1996 (Amendment No 25)

Great Lakes Local Environmental Plan 1996 (Amendment No 29)

Great Lakes Local Environmental Plan 1996 (Amendment No 31)

Great Lakes Local Environmental Plan 1996 (Amendment No 32)

Great Lakes Local Environmental Plan 1996 (Amendment No 35)

Great Lakes Local Environmental Plan 1996 (Amendment No 36)

Great Lakes Local Environmental Plan 1996 (Amendment No 42)

Great Lakes Local Environmental Plan 1996 (Amendment No 44)

Great Lakes Local Environmental Plan 1996 (Amendment No 45)

Great Lakes Local Environmental Plan 1996 (Amendment No 46)

Great Lakes Local Environmental Plan 1996 (Amendment No 47)

Great Lakes Local Environmental Plan 1996 (Amendment No 59)

Great Lakes Local Environmental Plan 1996 (Amendment No 62)

Great Lakes Local Environmental Plan 1996 (Amendment No 69)

Great Lakes Local Environmental Plan 1996 (Amendment No 70)

Great Lakes Council Local Environmental Plan 1996 (Amendment No 76)

Great Lakes Local Environmental Plan 1996 (Amendment No 77)

Great Lakes Local Environmental Plan 1996 (Amendment No 79)

Great Lakes Local Environmental Plan 1996 (Amendment No 80)

"Marina" means a pontoon, jetty, pier or the like, used to provide moorings for boats used for pleasure or recreation, and includes:

(a) slipways, or

(b) facilities for the repair, maintenance and fuelling of, or the provision of accessories and parts for, boats or boating enthusiasts, or

(c) facilities for the storage or provision of food.

"Materials recycling yard" means a building or place used for the collecting, dismantling, storing, abandoning or recycling of second-hand or scrap materials for the purpose of resale.
"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 Regulations 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 restaurant 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.
"Multiple dwellings" means a building or buildings consisting of 2 or more dwellings (whether or not attached) on one allotment of land, each with an individual entrance and direct private access to ground level open space, and includes villas, townhouses, terraces, cluster housing and the like.
"Off-site promotional sign" means a sign that promotes goods, services or a special event. The goods or services are not provided, produced or sold on the land or in the building, and the event does not take place on the land or in the building and does not include any other form of sign defined elsewhere in this dictionary.
"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 in the locality or on the 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.
"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 builders’ and handymens’ tools, plant and equipment, whether or not it is used for the servicing and maintenance of such machinery.
"Potential archaeological site" means a site known to the Council to have archaeological potential.
"Public building" means a building or place used as an office or business by a public or statutory authority or an authority established for public purposes.
"Public utility infrastructure", in relation to an urban release area, includes infrastructure for any of the following:

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage.

"Public utility undertaking" has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 .
"Recreation area" means:

(a) a children’s playground, and

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

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

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

but does not include a racecourse or a showground.
"Recreation facility" means a building or place used for indoor recreation, such as a table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley or any other building or place of a like character used for recreation, whether or not operated for profit or gain, but does not include a building or place elsewhere defined in this plan.
"Relic" means any deposit, object or material evidence (which may consist of, or include, human remains) relating to:

(a) the use or settlement of the area of Great Lakes, not being Aboriginal inhabitation, which is more than 50 years old, or

(b) Aboriginal habitation of the area of Great Lakes before or after its occupation by persons of European extraction.

"Residential flat building" means a building containing three or more dwellings, but does not include anything elsewhere defined in this plan.
"Restaurant" means a building or place used principally to provide food for people to consume in that building or place.
"Retail plant nursery" means a building or place used for the growing and sale by retail of plants, whether or not landscape supplies (including earth products) and other landscape and horticultural products are also sold by retail from the premises.
"Road" means a public thoroughfare used for the passage of motor vehicles.
"Roadside stall" means a temporary structure used to sell primary produce grown on the land on which the structure is located.
"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.
"Serviced apartment" means a self-contained dwelling (in a building containing three or more self-contained dwellings) which is cleaned or serviced by the owner or manager of the building (or the agent of the owner or manager), and which provides short-term accommodation for persons who have their principal place of residence elsewhere, but does not include backpackers accommodation, a boarding house, guest house, or hotel.
"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:

(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).

"Shop" means a building or place used for the retail sale, auction sale or hire, or for the 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 sale yard" means a building or place used for the purpose of offering livestock or poultry for sale.
"Tourist facility" means an establishment providing for holiday accommodation or recreation, and includes a boatshed, boat landing facilities, camping ground, caravan park, holiday cabins, a hotel, house boat, marina, motel, playground, restaurant or water sports facilities or for a club used in conjunction with any such establishment, but does not include bed and breakfast establishments.
"Transport depot" means a building or place used for the servicing, garaging or repair of any motor-powered or motor-drawn vehicle used in connection with passenger or goods transport, business or industry.
"Transport terminal" means any building or place used for the assembly and dispersal of passengers or goods.
"Urban release area" means the area of land identified as “North Shearwater Urban Release Area” on the Urban Release Area Map .
"Urban Release Area Map" means the Great Lakes Local Environmental Plan 1996 Urban Release Area Map .
"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, or

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

(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 veterinary 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.
"Wholesale plant nursery" means a building or place used for the growing and sale by wholesale of plants, whether or not landscape supplies (including earth products) and other landscape and horticultural products are also sold by wholesale from the premises.

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