New South Wales Consolidated Regulations

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HASTINGS LOCAL ENVIRONMENTAL PLAN 2001 -

DICTIONARY

(Clause 6 (1))

"acid sulfate soil" is soil containing highly acidic soil horizons or layers resulting from the aeration of soil materials that are rich in iron sulfides, primarily pyrite.
"Acid Sulfate Soil Manual" means the “ Acid Sulfate Soil Manual ” published by the Acid Sulfate Soils Management Advisory Committee and as amended from time to time.
"acid sulfate soils map" means the map marked “ Hastings Local Environmental Plan 2001-Acid Sulfate Soils Map ”.
"actual acid sulfate soils" means acid sulfate soils containing acidic soil material resulting from the oxidation of iron sulfides. The soil material has a pH of less than 4.0 when measured in dry season conditions and may be identified by yellow mottles and coatings of jarosite, overlying potential acid sulfate soils or 0.05% or more oxidisable sulfur.
"advertisement" has the meaning ascribed to it in section 4 of the Act.
"aeroplane landing area" means an area in private ownership and not used for scheduled public aircraft flights, which is set apart for the taking off and landing of light aircraft, but does not include a helipad. (For the purposes of this definition, "light aircraft" means an aircraft of no more than 5,700 kilograms take-off weight.)
"agriculture" means:

(a) the cultivation of crops, including cereal, fruit, vegetable or flower crops, or
(b) the keeping or breeding of livestock, bees or poultry or other birds, or
(c) the cultivation of plants in a wholesale plant nursery,
for commercial purposes, but does not include use of land for an animal establishment.
"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 or an aerodrome.
"alter", in relation to a heritage item, means:
(a) make structural changes to the outside of the heritage item, or
(b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, not including changes that result from maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item.
"animal establishment" means land used for the purpose of any one or more of intensive animal husbandry, boarding animals, animal training, conducting horse riding schools or the keeping of animals, birds, fish, crustaceans, insects or the like. The use generally requires the importation of feed not produced on the same land.
"appointed day" means the day on which this plan takes effect.
"approved lot" means a lot created by a subdivision for which consent or approval was granted by the Council (or its predecessor council) after 26 May 1967 and prior to the appointed day.
"aquaculture" means:
(a) cultivating fish or marine vegetation (in each case, as defined when used in this definition) for the purpose of harvesting the fish or marine vegetation or their progeny with a view to sale, or
(b) keeping fish or marine vegetation (as so defined) in a confined area for a commercial purpose (such as a fish-out pond),
but does not include:
(c) keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially), or
(d) anything done for the purpose of maintaining a collection of fish or marine vegetation otherwise than for a commercial purpose.
"bed and breakfast establishment" means a building used as a single dwelling and for providing holiday accommodation. Such holiday accommodation is to be limited to three bedrooms and is not to include self-contained accommodation.
"boarding house" includes a house let in lodgings or a hostel, but does not include a motel.
"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.
"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 which 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.
"child care centre" means a building or place which 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).
"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 allotments, and
(b) the erection of a single dwelling on each of the allotments to be created by that subdivision, provided that the erection of the dwelling occurs prior to the issue of a subdivision certificate (except where a strata management statement, or restriction as to user, prohibits any dwelling on each lot other than the dwelling approved as part of the cluster housing consent).
"commercial premises" means a building or place used as an office or for other business or commercial purposes, but (in the table to clause 9) 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, and includes a surf life saving clubhouse and a visitor information centre, but (in the table to clause 9) does not include a building or place elsewhere defined in this Dictionary.
"Council" means the Hastings Council.
"demolish" or "demolition" means the destruction, pulling down, dismantling or removal of 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 9) does not include a building or place elsewhere defined in this Dictionary.
"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).
"dual occupancy" means 2 dwellings, whether detached or not, on a single lot.
"dwelling" means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate residence.
"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 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.
"exhibition home" means a single dwelling on temporary display.
"existing parcel" means the total area of all adjoining or adjacent land held in the one ownership at 26 May 1967 as shown in the document entitled Existing Parcels Register prepared by the Council in 1987 and on the series of Parish Maps marked “ Existing Parcels of Land Prior to 26th May 1967 A-12-1 to A-12-39 ”, both of which are kept at the office of the Council.
"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.
"fish", when used in the definition of "aquaculture", means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead), and includes:
(a) oysters and other aquatic molluscs, and
(b) crustaceans, and
(c) echinoderms, and
(d) beachworms and other aquatic polychaetes.
It also includes any part of a fish, but does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition of "aquaculture" in Schedule 3 to the Environmental Planning and Assessment Regulation 2000 .
"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.
"general store" means a shop used for the sale by retail of general merchandise and which may include the facilities of a post office.
"gross floor area" means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding the following:
(a) columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall,
(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts,
(c) car parking needed to meet any requirements of the Council, and any internal access to that car parking,
(d) space for the loading or unloading of goods.
"Hastings DCP No 36" means Hastings Development Control Plan No 36-Exempt and Complying Development , as adopted by the Council on 26 May 2003, and as amended by the following development control plans with their respective Council adoption dates:
Port Macquarie-Hastings Development Control Plan (Associated Amendments) 2006 -27 March 2006
"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 and Osteopaths Act 1991 , and
(c) a physiotherapist registered under the Physiotherapists Registration Act 1945 , and
(d) an optometrist registered under the Optometrists Act 1930 .
"helipad" means an area or place not open to public use which 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 item" means a building, work, relic, tree or place described in Schedule 4.
"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 residents of the dwelling and not more than one non-resident employee:
(a) which 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 of 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 which displays the name of the home business and the names of the residents who conduct the home business, and
(d) which is not a bed and breakfast establishment, brothel, child care centre or medical centre.
"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 within the meaning of the Factories, Shops and Industries Act 1962 , 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 9) does not include an extractive industry, light industry, rural industry or offensive or hazardous industry.
"institution" means a penal or reformative establishment.
"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 collecting, 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.
"marine vegetation", when used in the definition of "aquaculture", means any species of plant that at any time in its life must inhabit water (other than fresh water).
"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 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.
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.
"mineral sand mine" means a mine for or in connection with the purpose of obtaining ilmenite, monazite, rutile, zircon or similar minerals.
"motel" means a building or buildings (other than a hotel, boarding house or residential flats) 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.
"neighbourhood centre" means an integrated development containing shops and commercial premises which 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 9) 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.
"potential acid sulfate soils" means soil material which is waterlogged and contains oxidisable sulfur compounds and that has a field pH of 4 or more but will become severely acidic when oxidised.
"potential archaeological site" means a site identified on the zoning map with horizontal stipple.
"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 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" 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,
(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 and the like, but (in the table to clause 9) 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.
"refreshment room" means a restaurant, café, tearoom, eating house or the like.
"relic" means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the local government area of Hastings which is 50 or more years old.
"residential flats" means a building containing three or more dwellings.
"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, of articles 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 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 (which may include associated repairs and service), and
(b) vehicle part and accessory sales (which 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.
"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) tourist educational or tourist recreational facilities which 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) which is the second dwelling on land on which there was a single dwelling, and
(b) which 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 which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration).
"shop" 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 9) 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.
"single dwelling" means the only dwelling on an allotment.
"stock and sale yard" means a building or place used for the purpose of offering animals for sale and includes a public cattle market.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"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.
"urban release area" means the areas of land shown edged heavy black on the map marked “ Hastings Local Environmental Plan 2001 (Amendment No 69) ”.
"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.
"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.
"zoning map" means the series of maps marked “ Hastings Local Environmental Plan 2001 ”, as amended by the maps (or specified sheets of the maps) listed in Part 2 of Schedule 6.


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