New South Wales Consolidated Regulations

NORTH COAST REGIONAL ENVIRONMENTAL PLAN - REG 5

5 Definitions

(1) In this plan:
"agricultural protection zone" means a rural zone containing predominantly prime crop or pasture land and which may include land sufficient to separate development for agricultural purposes from other land uses.
"alteration", in relation to a heritage item that is a building, means:

(a) the making of structural changes to the outside of the heritage item, or

(b) the making of non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item other than non-structural changes due to the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item.

"back beach erosion scarp" means the identifiable landward limit of wave attack during severe storm events.
"child care centre" means a building or place used or intended for use for the purpose of minding or caring (without provision for residential care) for 2 or more children under the age of 6 years, not related to the person so using that building or place.
"Coastline Management Manual" means the Government publication with that title published in 1990.
"commercial farming" means the use of an area of land predominantly for an efficient sustainable agricultural purpose.
"conservation" includes preservation, protection, restoration and enhancement.
"conservation area" means an area specified or described in Schedule 1.
"conservation plan" means a document resulting from a detailed assessment of the elements of a site to establish its heritage significance and indicating policies to enable that significance to be retained in its future use and development.
"cluster farming" means the commercial farming by a group of owners where the major agricultural activity is managed in common.
"council", in relation to a local government area within the region, means the council administratively responsible for that area.
"demolition", in relation to a heritage item, means the damaging, defacing, destruction, pulling down or removal of the heritage item, in whole or in part.
"dual occupancy" means the creation of not more than two dwellings (whether or not attached) on one lot within an urban zone, or of not more than two attached dwellings on one lot in a rural or environmental protection zone.
"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 domicile.
"extractive industry" means an industry or undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on.
"extractive material" means sand, gravel, soil, rock, stone and similar substances, whether valuable for the minerals they contain or otherwise.
"Floodplain Development Manual" means the Government publication with that title published in 1986.
"height", in relation to a building, means the greatest distance measured vertically from any point on the building to the natural ground level immediately below that point.
"heritage item" means a building, work, relic, tree or place of heritage significance to the North Coast Region specified or described in Schedule 2 or 3.
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural or aesthetic significance.
"industry" means:

(a) any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962 ,

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

(c) the winning of extractive material.

"intensive animal industry" means establishments in which large numbers of animals are housed, fed or slaughtered and includes abattoirs, cattle feed lots or intensive piggeries.
"mineral" has the same meaning as in the Mining Act 1992 , but does not include any extractive material.
"natural ground level" means the level of site as if the land comprising the site were undeveloped.
"North Coast: Design Guidelines" means the Government publication with that title published in 1989.
"North Coast Region Tourism Development Strategy" means the Government publication with that title published in 1987.
"NSW Coastal Policy 1997" means the Government publication with that title published in 1997.
"primary arterial road" means major highly trafficked roads connecting regions within and outside the State.
"prime crop or pasture land" means rural land identified by the Director-General of Agriculture as comprising Classes 1, 2 or 3 of a classification set out in the “ Rural Land Evaluation Manual ” available from the Department of Agriculture, or other land identified by that Director-General as having agricultural significance.
"region" means the land referred to in clause 3.
"relic" means any deposit, object or material evidence relating to the use or settlement of the land to which this plan applies and which is 50 or more years old.
"rural land" means land other than land within an urban zone, an environmental protection, a national park or a nature reserve zone, or a forestry zone, in each case within the meaning of an environmental planning instrument.
"secondary arterial road" means highly trafficked roads other than primary arterial roads connecting regions and significant centres.
"the Conservation Area map" means the map marked “ North Coast Regional Environmental Plan-Conservation Areas ” deposited in the North Coast office of the Department of Urban Affairs and Planning.
"the map" means the map marked “ North Coast Regional Environmental Plan 1988 ” deposited in the office of the Department of Planning and catalogued 020 999 84 001.
"Tourism Development Along the New South Wales Coast: Guidelines" means the Government publication with that title published in 1992.
"Tourism Development Near Natural Areas: Guidelines for the North Coast" means the Government publication with that title published in 1990.
"wetland" means an area of land subject to permanent or periodic inundation and substantially retaining a cover of natural vegetation which generally displays hydrophytic characteristics.

(2) A copy of any of the publications referred to in subclause (1) may be inspected by any person during ordinary office hours at the Northern Regions office of the Department of Planning.