New South Wales Consolidated Regulations

KIAMA LOCAL ENVIRONMENTAL PLAN 1996 - REG 6

6 Definitions

(1) In this plan:
"acid sulfate soils" means actual acid sulfate soils or potential acid sulfate soils.
"Acid Sulfate Soils Assessment and Management Guidelines" means Acid Sulfate Soils Assessment and Management Guidelines , published by the Environment Protection Authority, Department of Urban Affairs and Planning and the NSW Acid Sulfate Soils Management Advisory Committee as amended from time to time.
"acid sulfate soils map" means the series of maps marked “ Kiama Local Environmental Plan 1996 (Amendment No 27)-Acid Sulfate Soil Planning Map ” kept in the office of the Council.
"actual acid sulfate soils" means acid sulfate soil containing highly acid soil horizons or layers resulting from the aeration of soil materials that are rich in iron sulphides, primarily pyrite. The soil material has a pH of less than 4 when measured in dry season conditions and may be identified by yellow mottles and coatings of jarosite.
"agriculture" means the use of land for the grazing of livestock or the production of crops (or both) or for the keeping or breeding of livestock and bees, but does not include intensive livestock production or filling.
"amusement park" means a commercially run ground where amusements and mechanical entertainments such as merry-go-rounds and the like are permanently situated.
"appointed day" means the day on which this plan is published in the Gazette.
"area of high conservation value" means land indicated as such an area on the maps (or specified sheets of maps) marked as follows:

Note: The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Kiama Local Environmental Plan 1996 ,

Kiama Local Environmental Plan 1996 (Amendment No 6) .

"bulky goods" means large goods which, in the opinion of the Council, are of such a size and shape to require:

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

(b) easy and direct vehicular access to enable the goods to be collected by customers after sale.

"bush fire hazard reduction" means the reduction of fuel by burning, chemical, mechanical, manual or any other means.
"car park" means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
"caravan park" means land used for the accommodation of caravans or other moveable dwellings within the meaning of the Local Government Act 1993 .
"clear", in relation to any land, means any manner of destruction of a tree, shrub or plant on the land, but does not include:

(a) the destruction of any tree, shrub or plant that is required or expressly authorised by or under any Act or statutory instrument or by any statutory authority in pursuance of the provisions of any Act or statutory instrument, or

(b) the destruction of any tree, shrub or plant where the destruction is necessary in an emergency to prevent the spread of fire or in circumstances where the tree, shrub or plant presents a danger to life or property.

"cottage industry" means an activity carried out under the following circumstances:

(a) the activity is carried out within a dwelling or the curtilage of a dwelling occupied by the person carrying on the activity or on land adjoining the land owned by that person,

(b) the activity does not:

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

(ii) involve exposure to view from any public place of any unsightly matter, or

(iii) require the provision of any essential service main of a greater capacity than that available in the locality, or

(iv) involve the employment of more than two persons (whether as apprentices, employees, students of arts and crafts activities, or trainees) other than residents of the dwelling, or

(v) involve the exhibition of any notice, advertisement or sign (other than a notice or sign not exceeding 1 metre by 0.6 metre exhibited on that dwelling to indicate the name and occupation of the resident thereof),

(c) the activity is in character with the scale and ambience of other activities within the immediate area,

(d) any goods offered for sale have been produced on the site of the activity,

(e) adequate provision has been made on site for the collection, storage and disposal of waste resulting from the activity,

(f) provisions have been made, on site, for the safe and convenient parking, turning and manoeuvring of vehicles associated with the activity,

(g) satisfactory provision has been made to ensure the safe and convenient ingress to and egress from the site, for all vehicles using the site,

(h) the building to be used in conjunction with the activity does not cause adverse visual impact, and

(i) the activity does not involve the use of the premises for the purposes of prostitution or a brothel.

"Council" means the Council of the Municipality of Kiama.
"damage", in relation to flora, includes lopping, topping, ring-barking, poisoning, felling, digging up, pulling out, smothering or any other form of deliberate damage.
"dual occupancy development" means development that results in 2 dwellings (whether attached or detached) on a single allotment of land and may include a subdivision creating separate land titles for those dwellings.
"environmental protection works" includes works such as removal of weeds, (eg Lantana camara and the like) and other works essential to mitigate against harmful environmental impacts.
"existing holding" means:

(a) subject to paragraph (b), a lot, portion or parcel of land in existence on 4 July 1977, or

(b) where on 4 July 1977, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of those lots, portions or parcels.

"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.
"fill" means the depositing of soil, rock or other material obtained from a site outside the property boundaries of an allotment of land on which it is deposited, but does not include the depositing of topsoil, or feature rock imported to the allotment, that is intended for use in garden landscaping, turf or garden bed establishment or topdressing of lawns.
"floorspace ratio", in relation to a building, means the ratio of the gross floor area of the building to the area of the allotment on which the building is situated.
"flora" includes trees, shrubs and vegetation (including aquatic species).
"function centre" has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 .
"ground level" means the level of a site before development is carried out on that site.
"height", in relation to a building, means the distance measured vertically from any point on the ceiling of the topmost floor of the building to the ground level immediately below that point.
"home based child care service" means a child care service provided for a fee at the premises where the person providing the service resides but does not include any child care service requiring registration as a child care service under any legislation.
"home business" means a business carried on in or from a dwelling where:

(a) the business is either carried out within the dwelling or an out-building, or the majority of the business is carried on away from the dwelling (with the dwelling, outbuildings and curtilage being used primarily as a base or office or for storage of tools of trade or equipment), and

(b) the business will not interfere with the amenity of the neighbourhood:

(i) by reason of traffic generation, noise or otherwise, or

(ii) by the exposure to view from any adjacent premises or from any public place of any goods associated with the business or any unsightly matter, or

(iii) by parking of heavy vehicles either on or adjacent to the property, or

(iv) by the hours the business is conducted, or

(v) by the exhibition of any notice, advertisement or sign (other than a notice or sign not exceeding 1 metre by 0.6 metre exhibited on that dwelling to indicate the name and occupation of the resident thereof), and

(c) the dwelling continues to be used for permanent residential occupation by the person carrying on the business, and

(d) only the persons residing in the dwelling work on the premises, and

(e) the business does not involve the use of the premises for the purposes of prostitution or a brothel.

"home hosting facility" means a dwelling-house used and occupied for permanent residential purposes in which no more than 2 rooms are made available by the residents for temporary accommodation of a short term or holiday nature catering for not more than 8 paying guests.
"industrial retail outlet" means a shop:

(a) which is used in conjunction with a light industry on land zoned for industrial purposes, and

(b) which is situated on the land on which the light industry is located, and

(c) in which are sold only goods which have been assembled, manufactured or stored on the land on which the shop is situated.

"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 or sale or gain or as ancillary to any business,

but does not include an extractive industry.
"integrated housing development" means development that consists of:

(a) the subdivision of land into 5 or more allotments, and

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

"intensive horticulture" means the growing for sale on a commercial basis of plants, flowers or other vegetation and includes a wholesale plant nursery, but does not include a retail plant nursery.
"intensive livestock production" means a building or an activity carried out within a building or on land involving the keeping or nurturing of cattle, sheep, goats, poultry or other livestock for commercial purposes by predominantly supplementary feeding methods and, without limiting the generality of the foregoing, includes:

(a) feed lots,

(b) piggeries,

(c) poultry farms, and

(d) fish farming (including farming of crustaceans and oysters),

but does not include an animal boarding 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, or intensive hand feeding of livestock as a result of natural disaster including drought, flood or bush fire, or dairy farming where the nurturing of dairy cattle is primarily achieved by the grazing of pasture.
"motel" means a building or buildings (other than a hotel, boarding-house, residential flat building or home hosting facility) 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, boats or trailers whether or not motor vehicle accessories, caravan accessories, boat accessories or trailer accessories are sold or displayed there.
"plant nursery" means a building or place used for the growing and selling (whether by retail or wholesale) of plants whether or not ancillary products are sold there.
"potential acid sulfate soils" means soil which is waterlogged and contains oxidisable sulphur compounds and that has a field pH of 4 or more but will become severely acid when oxidised.
"prime crop and pasture land" means land within an area identified, on a map prepared by or on behalf of the Director-General of the Department of Agriculture, deposited in an office of the Department of Agriculture and a copy of which is deposited in the office of the Council, as Class 1, Class 2 or Class 3 or as land of merit for special agricultural uses, but does not include land which the Director-General of the Department of Agriculture has notified the Council in writing is not prime crop and pasture land for the purposes of this plan.
"recreation area" means:

(a) a children’s playground,

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

(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 together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include racecourses and showgrounds.
"recreation facility" means a building or place used for indoor or outdoor 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.
"residential flat building" means a building or group of buildings containing more than 2 dwellings, but does not include a dwelling resulting from integrated housing development or villa homes and courtyard houses.
"riparian corridor" means land within a stream, river or estuary shown coloured on the map marked “ Kiama Local Environmental Plan 1996 (Amendment No 24)-Riparian Corridors ” and land within a distance of 30 metres from a bank or shore of any such stream, river or estuary.
"road" means a private road, right-of-carriageway, or a public road principally (though not solely) used as a carriageway for the passage of vehicles.
"storey" means the space in a building between the floor of the building and the floor next above or, where there is no floor above, the ceiling or roof above.
"the map" means Sheets 1-3 of the map marked “ Kiama Local Environmental Plan 1996 (Amendment No 61) ”, as amended by the maps (or specified sheets of 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.

Kiama Local Environmental Plan 1996 (Amendment No 61) -Sheets 4 and 5

Kiama Local Environmental Plan 1996 (Amendment No 64)

Kiama Local Environmental Plan 1996 (Amendment No 65)

"tree plantation and harvesting" means the planting of local endemic species of trees in plantations on lawfully cleared land in existence near native forests on the date of commencement of this plan for the purpose of temporarily increasing the area of endemic forest and its biodiversity and providing habitat for native species of plants and animals until that plantation is harvested.
"veterinary surgery" means a building or place used for the treatment of the diseases and injuries of animals, and includes a building or place used for the purposes of an animal hospital.
"villa homes and courtyard houses" means a building or group of buildings comprising 3 or more dwellings of one storey construction where each dwelling has an attached private outdoor open space area for the exclusive use of the occupants of that dwelling.
"water recycling facility" has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 .
"water supply system" has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 .

(2) A reference in this plan:

(a) to a building or place used for a purpose includes a reference to a building or place intended to be used for that purpose, and

(b) to a map is a reference to a map deposited in the office of the Council, and

(c) to development for the purposes of a residential flat building or villa homes and courtyard houses includes a reference to a subdivision creating separate land titles for each dwelling in such development.

(3) Notes in this plan do not form part of this plan.