New South Wales Consolidated Regulations

NAMBUCCA LOCAL ENVIRONMENTAL PLAN 1995 - REG 5

5 How are terms defined in this plan?

(1) In this plan:
"abattoir" means a building or place used for the slaughter of animals, whether or not animal by-products are processed, manufactured or distributed and includes a knackery.
"acid sulfate soils" means actual or potential acid sulfate soils.
"Acid Sulfate Soils Assessment Guidelines" means the Acid Sulfate Soils Assessment Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director.
"Acid Sulfate Soils Planning Map" means map marked “ Nambucca Local Environmental Plan 1995 (Amendment No 30)-Acid Sulfate Soils Planning Map ” kept in the office of the Council.
"actual acid sulfate soils" are soils containing highly acid soil horizons or layers resulting from the aeration of soil materials that are rich in iron sulfides, primarily sulfide. This oxidation produces hydrogen ions in excess of the sediments’s capacity to neutralise the acidity resulting in soils of pH of 4 or less when measured in dry season conditions.
"aerodrome" means a place or area that is used for the taking off and the landing of aeroplanes of any size and is open to the public, and includes airline terminal buildings and associated facilities.
"advertising" means the use of a building or place for the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions and the like, whether or not the display involves the erection of a structure or the carrying out of a work.
"advertising structure" means a structure or vessel that is principally designed for, or used for, the display of an advertisement (that is, of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions and similar matter).
"agricultural machinery showroom" means a building or place used for the display and sale of agricultural machinery, whether or not agricultural machinery accessories are also displayed or sold.
"agriculture" means:

(a) the cultivation of crops, or

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

(c) 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 or an aerodrome.
"allotment" means any lot, portion or parcel of land which has been lawfully created.
"amusement parlour" means any premises where more than four amusement devices, consisting of either pinball machines, pool tables, billiard tables, or coin-operated amusement devices or the like, are provided for the entertainment of the public, with the exception of any premises the subject of a hotelier’s licence under the Liquor Act 1982 .
"animal establishment" means a building or place used or intended for use for the purpose of intensive husbandry, boarding, training or keeping of animals, birds, fish, crustaceans, insects or the like, requiring the provision of special structures or the importation of feed from sources outside the land on which such development is conducted.
"appointed day" means the day on which this plan takes effect.
"aquaculture" means the cultivation of the resources of the sea or inland waters for the propagation or raising of marine, estuarine or freshwater fish or plants or other organisms.
"bed and breakfast establishment" means a dwelling-house in which the permanent residents provide rooms for paying guests for temporary overnight accommodation for the short-term traveller, with a common facility for the provision of meals, but does not include premises:

(a) involving the sale of liquor or goods from the site, or

(b) that contain facilities in rooms for the preparation of meals by guests, or

(c) that interfere with the amenity of the neighbourhood due to the generation of vehicular traffic, the attraction of customers or the reduction of car parking in the vicinity of the site, or

(d) in or on which is exhibited any advertisement relating to the provision of accommodation (other than an advertisement which would fit within an area of one square metre and that is exhibited in or on the premises to indicate that the premises provide bed and breakfast accommodation), or

(e) in which more than 5 bedrooms are used for paying guests, or

(f) used as a backpackers’ hostel, boarding house, serviced apartments, tourist accommodation or home activity.

"boarding-house" includes a house let in lodgings or a hostel but does not include a motel.
"brothel" means any building or place used habitually for the purpose of prostitution.
"bulk store" means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.
"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.
"bush fire hazard reduction" means a reduction or modification (by controlled burning or by mechanical, chemical or manual means) of material that constitutes a bush fire hazard in conformity with a notice issued by the Council or with a development consent or a bush fire management plan, within the meaning of Section 41A of the Bush Fires Act 1949 .
"bush fire prone land" means land recorded for the time being as bush fire prone land on the bush fire prone land map.
"bush fire prone land map" means the map prepared by the Council and certified under section 146 (2) of the Act by the Commissioner of the NSW Rural Fire Service.
"camping ground" and "caravan park" have the same meanings as under the Local Government Act 1993 .
"car-park" means a building or place used for parking vehicles, and any manoeuvring space and access thereto, whether operated for gain or not.
"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.

"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:

(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 , and

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

"classified road" means a road or work classified under the Roads Act 1993 to be:

(a) a main road,

(b) a State Highway,

(c) a freeway,

(d) a controlled access road,

(e) a secondary road,

(f) a tourist road,

(g) a tollway, or

(h) a State work.

"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 .
"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 specifically defined for the purposes of this plan, or a building or place to the extent that it is subjected to a land use so specifically defined.
"communications 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, satellite disks and the like.
"community centre" means a building or place used to provide facilities comprising or relating to any one or more of the following:

(a) a public library,

(b) public health services,

(c) rest rooms,

(d) meeting rooms,

(e) indoor recreation,

(f) child minding, or

(g) any other like place or activity.

"Council" means Nambucca Shire Council.
"dam" means a work designed for the containment of water by use of earthen walls or walls of other materials and includes an excavated storage licensed under Part 5 of the Water Act 1912 .
"dual occupancy" means development that results in two dwellings (whether attached or detached) on a single allotment of land.
"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.
"dwelling-house" means a building containing one, but not more than one, dwelling.
"earthworks" means any work, other than a work the carrying out of which would be exempt or complying development, that involves:

(a) removing soil, rubble or rock from land, or

(b) placing soil, rubble or rock on land, or

(c) relocating soil, rubble or rock from one point to another on land,

so that the natural ground level is altered by more than 50 centimetres at any point on the land, but excluding any works required for agriculture, landscaping and domestic gardening.
"educational establishment" means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre.
"environmental facility" means a structure or work which consists of:

(a) a nature or scientific study or display facility such as a walking track, board walk, observation deck, bird hide or the like, or

(b) an environmental management or restoration facility such as a structure or work used for bush regeneration, swamp restoration, erosion and run-off prevention, dunal restoration or the like.

"exhibition home" means an unoccupied dwelling-house used for display.
"existing dams and drains" means a dam or drain lawfully constructed before the commencement of Nambucca Local Environmental Plan 1995 (Amendment No 30) .
"existing parcel" of land means:

(a) except as provided in paragraph (b), the area of an allotment of land as it was at 16 June 1967, or

(b) where, as at 16 June 1967, a person owned two or more adjoining or adjacent allotments of land, the aggregation of those allotments as they were at that date,

being an allotment, that has, or an aggregation of allotments that have, not been subdivided otherwise than for a purpose referred to in clause 6 of State Environmental Planning Policy No 4-Development Without Consent .
"extractive industry" means:

(a) the winning of extractive material, or

(b) an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried on, and includes any stockpiling, washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.

"extractive material" means sand, gravel, clay, turf, soil, rock, stone or any similar substance.
"filling of land" means earthworks carried out with the intention of raising the natural ground level of the land.
"flood free land" means land that is unlikely, in the opinion of the Council, to be inundated during a 1 in 100 year flood. However such land may still be liable to flooding during a flood likely to our less frequently than a 1 in 100 year flood.
"flood liable land" means land that is likely, in the opinion of the Council, to be inundated during a 1 in 100 year flood and is identified on the maps associated with the following documents deposited in the office of the Council:

(a) New South Wales Coastal Rivers Floodplain Management Studies: Main Report-The Nambucca Valley (July 1981),

(b) Macksville Flood Study: Report No PWD 83014 (April 1983),

(c) Lower Nambucca River: Flood Study-Report No NSW PW94003, ISBN 07310 27396 (February 1994),

(d) Nambucca Shire Environmental Study: Flood Prone Land (May 1983).

"floodplain" means the portion or portions of the valley of a river, adjacent to the channel of the river, which, in the opinion of the Council, is or are likely to be inundated when the river overflows.
"floodway" means those areas where, in the opinion of the Council, a significant passage of water flows during floods.
"floor" means that space within a building that is situated between one floor level and the floor level next above or, if there is no floor above, the ceiling or roof above.
"forestry" includes arboriculture, sylviculture, forest protection, the cutting, dressing and preparation, otherwise than in a sawmill, 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.
"generating works" means a building or place used for the purposes of making or generating gas, electricity or other forms of energy.
"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 1400 millimetres above each floor level excluding:

(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, and

(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts, and

(c) car parking needed to meet any requirements of the Council and any internal access to that car parking, and

(d) space for the loading and unloading of goods.

"group home" has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 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 2003 , and

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

(c) an optometrist registered under the Optometrists Act 2002 , and

(d) an osteopath registered under the Osteopaths Act 2001 , and

(e) a physiotherapist registered under the Physiotherapists Act 2001 , and

(f) a practitioner of an alternative health therapy, such as acupuncture, aromatherapy, homeopathy, kinesiology, naturopathy, remedial massage and similar therapies.

"height", in relation to a building, means the distance measured vertically from any point on the roof of the topmost floor of the building to the natural ground level immediately below that point.
"helipad" means an area or place not open to public use that is authorised by the Commonwealth Department of Transport and that is set apart for the taking off and landing of helicopters.
"heliport" means an area or place open to public use that is licensed by the Commonwealth Department of Transport for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.
"home activity" means the use of a dwelling or of a building erected on, or of any land comprising, the allotment on which a dwelling is located, for the purpose of an activity or pursuit, but only if:

(a) the primary use of the land is residential,

(b) the activity or pursuit does not and is not likely to:

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

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

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

(iv) generate traffic out of keeping with the surrounding locality, or

(v) occupy a floor area exceeding 50 square metres, and

(c) the activity or pursuit is undertaken by the permanent residents of the dwelling (and not more than two persons other than those residents), and

(d) any exposure or offer for sale of items by retail from the premises is restricted to only those items prepared or manufactured on the land and the use of the premises for that purpose will not have a detrimental impact on any commercial area serving the locality.

"home occupation" means an occupation carried on in a dwelling house or in a dwelling in a residential flat building by the permanent residents of the dwelling house or 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, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil 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 house or dwelling to indicate the name and occupation of the resident), or

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

"home-based child care" means the provision of care for up to seven children (including the caregiver’s own children), in the dwelling in which the caregiver resides.
"hospital" means a building or place used as a:

(a) hospital,

(b) sanatorium,

(c) health centre,

(d) nursing home, or

(e) home for aged persons, infirm persons, incurable persons or convalescent persons,

whether public or private, and includes a shop or dispensary used in connection with it.
"hotel" means the premises to which an hotelier’s licence granted under the Liquor Act 1982 relates.
"housing for aged or disabled persons" has the same meaning as "seniors housing" under State Environmental Planning Policy (Seniors Living) 2004 .
"industry" means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or any articles for commercial purposes and includes the storage and servicing of vehicles and the stockpiling of extractive material.
"institution" means a correctional centre or a reform establishment.
"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 livestock keeping establishment" means a building or place 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,

(b) piggeries,

(c) poultry farms, and

(d) similar land uses,

but does not include an animal establishment or the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land.
"landfill" has the same meaning as "filling of land".
"light industry" means an industry in which the processes carried on, or the transportation involved or the machinery or material used, do not interfere unreasonably with the amenity of the neighbourhood.
"liquid fuel depot" means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or any other inflammable liquid.
"main road" means a road declared to be a main road under the Roads Act 1993 .
"maintenance of existing dams or drains" means any works that will disturb or remove soil within existing dams or drains.
"major road frontage" in relation to land, means the frontage of that land to:

(a) a classified road, or

(b) a road connecting with a classified road, if the whole or any part of the frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the classified road.

"manufactured home estate" means land on which manufactured homes, as defined under State Environmental Planning Policy No 36-Manufactured Home Estates , are, or are to be, erected.
"marina" means a pontoon, jetty, pier or the like, used or intended to be used to provide moorings for boats used for pleasure, commerce or recreation, and includes:

(a) slipways, and

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

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

but does not include a pontoon, jetty, pier or the like which is not so used.
"medical centre" means a suite of rooms or a building used by:

(a) registered medical practitioners, or

(b) dentists within the meaning of the Dental Practice Act 2001 , or

(c) health care professionals,

and their support staff, for the purpose of medicine, dentistry or health care, not being a hospital or professional consulting rooms.
"mineral sand mine" means a mine for or in connection with the purpose of obtaining ilmenite, monazite, rutile, zircon or similar minerals.
"mining" means the winning of any material to which the Mining Act 1992 or the Petroleum (Onshore) Act 1991 applies and the storage and primary processing of the material obtained.
"motel" means premises, not being a hotel, used for the temporary or short-term accommodation of travellers.
"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 at the building or place.
"multi-dwelling housing" means three or more dwellings located on one allotment, whether or not contained within one building, but does not include integrated housing.
"multiple occupancy" means the erection of three or more dwellings or equivalent living accommodation, so as to permit communal living opportunities on a single allotment of rural land.
"natural ground level" is the ground surface level prior to any development, including any cutting, filling and grading and, where the existing ground level differs from the natural ground level, the natural ground level is to be as determined by Council after taking into account any information concerning its location.
"offensive or hazardous industry" means an industry that, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.
"parking space" includes any garage or court available for use by vehicles.
"place of assembly" means a public hall, theatre, cinema, music hall, concert hall, dance hall, open air theatre, music bowl or any other building of a similar character used as such and whether used for the purposes of gain or not, but 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 by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
"plant depot" means a building or place used for the parking or servicing of movable plant on a property where the movable plant is operated only by the owners or occupiers of the building or place.
"plant nursery" means a building or place used for both the growing and selling of plants, whether or not ancillary products are sold in the building or place, and includes any such building or place used for both wholesale and retail selling of plants.
"potential acid sulfate soils" are soils which contain iron sulfides or sulfidic material which have not been exposed to air. They will become severely acid when exposed to air and oxidised. The field pH of these soils in their undisturbed state is pH 4 or more and may be neutral or slightly alkaline.
"prime crop and pasture land" means land identified as class 1, 2 or 3 in the Agricultural Land Suitability Classification Systems Maps held by the Council, but does not include land which the Director-General of the Department of Agriculture notifies the Council, in writing, is not prime crop and pasture land for the purposes of this plan.
"professional consulting rooms" means a room or a number of rooms forming either the whole of or part of, attached to or within the curtilage of a dwelling house and used by:

(a) not more than three registered medical practitioners, or

(b) not more than three registered dentists within the meaning of the Dental Practice Act 2001 , or

(c) not more than three health care professionals,

who practise in that room or rooms the profession of medicine, dentistry or health care respectively, and if more than one, practise in partnership, and who employ not more than three employees in connection with that practice.
"public building" means a building used as offices or for administrative or other similar purposes by the Crown, a statutory body, a council or an organisation established for public purposes.
"public utility undertaking" means any undertaking carried out or carried on by, or under the authority of, any government department or in pursuance of any Commonwealth or State Act, for the purpose 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

(f) fire fighting facilities, or

(g) paramedical facilities, or

(h) storing and collecting recyclable materials, where that undertaking does not occupy an area of more than 100 square metres,

and a reference to a person carrying on a public utility undertaking includes 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,

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

(c) an area used to provide facilities for passive recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:

(i) the Council,

(ii) the Crown,

(iii) a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community, or

(iv) any person entering a licence or lease agreement with the Council or the Crown for the use of land,

and includes a racecourse and showground.

"recreation establishment" means a health farm, religious retreat house, rest home, youth camp or similar facility, but does not include a building or place elsewhere specifically defined in this clause or a building or place used or intended for use for a land use elsewhere specifically defined in this clause.
"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 similar 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 which is designated as a recreation vehicle area pursuant to an order in force under section 11 (1) of the Recreation Vehicles Act 1983 .
"recycling depot" means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles, or other scrap materials or goods or used for the collecting, dismantling, storing, salvaging or abandoning of motor vehicles or other vehicles or machinery or for the sale of their parts.
"refreshment room" means a restaurant, cafe, tea room, eating house or similar facility.
"residential infill development" means development (including any works by way of landfill) carried out for residential purposes on a vacant allotment of land zoned residential which adjoins or is adjacent to or is surrounded by land which is also zoned residential and on which there is situated one or more dwelling-houses or other residential buildings.
"restricted premises" means a building or place used or intended for use as a shop or office or place of assembly:

(a) in, or on, which category 1 restricted publications or category 2 restricted publications, within the meaning of the Indecent Articles and Classified Publications Act 1975 , are exposed, exhibited, sold or otherwise rendered accessible or available to the public, or

(b) in, or on, which a business to which Section 10 of the Indecent Articles and Classified Publications Act 1975 applies, is conducted.

"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 in the building or place.
"road" means a public thoroughfare used for the passage of humans, vehicles or animals.
"road transport terminal" means a building or place used principally for the bulk handling of goods for transport by road, and includes 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 permanent or temporary structure (not exceeding 30 square metres in floor area) used for the selling of retail agricultural produce from an allotment of land on which the produce is produced and where parking connected with the use is on the property.
"rural industry" means:

(a) handling, treating, processing, storing or packing of primary products and raw materials, or

(b) regular servicing or repairing of plant or equipment used for the purpose of agriculture, aquaculture or a rural industry in the locality.

"rural shed" means a shed or similar building or structure used for agriculture-related purposes, but does not include any other building or structure specifically defined for the purposes of this plan, or any other building or structure to the extent that it is subjected to a land use so specifically defined.
"rural tourist facility" means an establishment used for short-term, low-key holiday accommodation or for recreational or educational purposes and may consist of a bed and breakfast establishment, boat landing facility, educational establishment, environmental facility, guest house, holiday cabins or units, hostel, horse-riding facility, picnic ground, primitive camping ground, refreshment room or the like.
"rural worker’s dwelling" means a dwelling that is on land upon which there is already erected a dwelling and that is occupied by persons engaged in rural occupation on that land.
"sawmill" 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 or other petroleum products, whether or not the building or place is also used for one or more of the following:

(a) the hiring of trailers,

(b) the retail selling or the installing of spare parts and accessories for motor vehicles,

(c) the washing and greasing of motor vehicles,

(d) the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),

(e) the retail selling or hiring of small consumer goods.

"shop" means a building or place used for selling items, whether by retail or auction, or for hiring or displaying items for the purpose of selling or hiring them, whether the items are goods or materials.
"site area" means the area of land to which an application for consent under the Act relates, excluding any land upon which the development to which the application relates is not permitted under this plan.
"stock and sale yard" means a building or place used for the purpose of offering animals for sale and includes a public cattle market.
"tavern" means premises licensed for the sale of liquor but which do not provide overnight accommodation on a commercial basis.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the map" means the series of sheets of the map marked “ Nambucca Local Environmental Plan 1995 ”, as amended by the maps (or the 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.

Nambucca Local Environmental Plan 1995 (Amendment No 2)

Nambucca Local Environmental Plan 1995 (Amendment No 3)

Nambucca Local Environmental Plan 1995 (Amendment No 6)

Nambucca Local Environmental Plan 1995 (Amendment No 9)

Nambucca Local Environmental Plan 1995 (Amendment No 10)

Nambucca Local Environmental Plan 1995 (Amendment No 11)

Nambucca Local Environmental Plan 1995 (Amendment No 19)

Nambucca Local Environmental Plan 1995 (Amendment No 21)

Nambucca Local Environmental Plan 1995 (Amendment No 27)

Nambucca Local Environmental Plan 1995 (Amendment No 38)

Nambucca Local Environmental Plan 1995 (Amendment No 39)

Nambucca Local Environmental Plan 1995 (Amendment No 43)

Nambucca Local Environmental Plan 1995 (Amendment No 45)

Nambucca Local Environmental Plan 1995 (Amendment No 50)

Nambucca Local Environmental Plan 1995 (Amendment No 52)

Nambucca Local Environmental Plan 1995 (Amendment No 55)

Nambucca Local Environmental Plan 1995 (Amendment No 56)

"tourist accommodation" means a building or group of buildings used mainly for accommodation of tourists, visitors and travellers which may have facilities for the convenience of patrons, such as restaurants, convention areas and the like.
"tourist facility" means an establishment providing for holiday accommodation or recreation which may consist of or include a boatshed, boat landing facilities, camping ground, caravan park, golf course, holiday cabins, hotel, houseboat, marina, motel, playground, refreshment room, tavern, water sport facilities or a club used in conjunction with any such activities, but does not include a resort consisting of self-contained tourist accommodation providing a wide range of facilities in a resort style arrangement.
"transport terminal" means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot, and includes an area situated on a rural property used for the loading of agricultural produce originating from that property onto road transport for bulk haulage by a vehicle.
"utility installation" means a building or work used for a public utility undertaking.
"veterinary establishment" means a building or place used for the medical or surgical treatment of animals.
"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 disposal depot" means a building or place used for the disposal of waste materials, whether domestic, commercial or industrial.
"works that may alter the watertable" means drainage works, ground bores, wells, ground dewatering, or the like on or adjacent to land containing acid sulfate soils which may lower the groundwater level in the general area.

(2) In this plan, a reference to a building or place at which a land use is carried out includes a reference to a building or place at which the land use is intended to be carried out.

(3) In this plan, a reference to a map is a reference to a map deposited in the office of the Council.

(4) Where appearing on the map in relation to land within Zone No 5 (a), the words “Aboriginal Use” mean for use for residential and ancillary purposes, educational establishments, places of assembly, child care centres, general stores, home activities, places of public worship, public buildings, recreation establishments, recreation facilities and refreshment rooms.