New South Wales Consolidated Regulations

NEWCASTLE LOCAL ENVIRONMENTAL PLAN 2003 - REG 37

37 Definitions

(1) In this plan the following terms have the meanings indicated:
"1% annual exceedance probability flood level" means a flood level that has a 1 in 100 chance of being reached in any one given year.
"acid sulphate soils" means actual acid sulphate soils or potential acid sulphate soils.
"Acid Sulphate Soils Manual" means the Acid Sulphate Soils Manual as published by the Acid Sulphate Soils Management Advisory Committee and for the time being adopted by the Director-General of the Department.
"act of prostitution" has the same meaning as in section 20 of the Summary Offences Act 1988 .
"actual acid sulphate soils" means acid sulphate soils containing highly acidic soil horizons or layers resulting from the aeration of soil materials that are rich in iron sulphides, primarily pyrite, where the soil material has a pH of less then 4.0 when measured in dry season conditions, overlying potential acid sulphate soils or soils containing more than 0.05% oxidisable sulphur.
"advertisement" has the same meaning as in the Act.

Note: The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.

"advertising sign" means a sign, notice, device or representation in the nature of an advertisement, whether illuminated or not, which:

(a) is visible from any public place or public reserve, or from any navigable waterway, and

(b) is not a road traffic signal or sign.

"advertising structure" has the same meaning as in the Act.
"aerodrome" means a landing field for aeroplanes, which includes permanent landing equipment, terminal buildings, hangars and other ancillary facilities.
"agriculture" means:

(a) the production of crops or fodder, or

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

(c) horticulture, including fruit, vegetable and flower crop production, and wholesale plant nurseries, or

(d) the grazing of livestock,

but does not include the clearing of land or anything elsewhere defined in this plan.
"airstrip" means a single runway forming a landing ground for aeroplanes, but does not include permanent terminal buildings, hangars or the like.
"animal establishment" means a building or place used for the breeding, boarding, training, keeping of, or caring for, animals on a commercial basis but does not include a building or place elsewhere defined in this plan.
"archaeological site" means the site of one or more known relics.
"arterial road" means a road that is the responsibility of the State government to construct and maintain.
"attic" means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
"automotive services" means a building or place used for the fuelling or servicing of motor vehicles involving the sale by retail of petrol and other petroleum products, whether or not the 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) the sale by retail of general merchandise, provided the gross floor area so used does not exceed 150 square metres.

"BCA" means the Building Code of Australia as defined in section 4 (1) of the Act.
"bed and breakfast accommodation" means an establishment operated by the permanent residents of a dwelling-house which:

(a) provides temporary accommodation for travellers, and

(b) offers meals for guests only, and

(c) does not accommodate more than 12 persons, and

(d) does not have a floor area greater than 300 square metres, and

(e) does not contain cooking facilities within guests’ rooms for the preparation of meals, and

(f) is not used in whole or in part for the permanent or long term accommodation of any person other than the person or persons who normally reside in the dwelling-house, and

(g) is contained wholly within the curtilage of the dwelling-house.

"boarding house" means a building let as lodgings or a hostel, but does not include a motel.
"brothel" means premises used for carrying out an act or acts of prostitution or any other organised sexual activity, irrespective of whether or not other services are provided such as massage, relaxation therapy, photography or the like.
"building" has the same meaning as in the Act.

Note: The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).

"building line" or "setback" means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and:

(a) a building wall, or

(b) the outside face of any balcony, deck or the like, or

(c) the supporting posts of a carport or verandah roof,

whichever distance is the shortest.
"bulky goods retail outlet" means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which are of such a size, shape or weight as to require:

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

(b) direct vehicular access to and loading facilities at the building or place for use by members of the public, for the purpose of loading items into their vehicles after purchase,

but does not include use of a building or place for the sale of foodstuffs or clothing or a building or place elsewhere defined in this plan.
"bush fire prone land" has the same meaning as in the Act.
"bush fire prone land map" has the same meaning as in the Act.
"business identification sign" means a sign:

(a) that indicates:

(i) the name of the person or business, and

(ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and

(b) that may include the address of the premises or place and a logo or other symbol that identifies the business,

but that does not include any advertising relating to a person who does not carry on business at the premises or place.
"camping ground or caravan park" means a place used for placing tents, other temporary accommodation, or movable dwellings for permanent accommodation or for temporary accommodation by tourists.
"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.

"cemetery" means a building or place for the burying of deceased people or animals, or both, and may include a chapel, temple or other place of worship used for conducting funeral services.
"child care centre" means a building or place used or intended for use for the purpose of educating, minding or caring (without provision of residential care) for 6 or more children under 6 years of age, not related to the person so using the building or place, but does not include an educational establishment.
"circumference breast height" means the girth of the supporting stem of a tree at a height of 1.4 metres above ground level (existing) measured at the trunk centre, and so as to contain the outermost projection of any flanges or buttresses.
"clearing" means cutting down, thinning, killing, poisoning, burning, slashing, uprooting or removing, or substantially damaging, native vegetation.
"club" means a building or place used by persons associated, or a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or a different kind and whether or not the whole or a part of the building or place is the premises of a club registered under the Registered Clubs Act 1976 .
"commercial office" means a building used as an office for commercial purposes otherwise than in association with an industrial or other commercial or recreational activity on the same site.
"commercial premises" means a building or place used for general business or commercial purposes, but does not include a building or place elsewhere defined in this plan.
"community facility" means a building or place owned or controlled by a public authority or a community group 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.
"community group" means a body of persons having articles of association or a constitution which provides that the group operates on a “not for profit” basis and where the services and facilities of the group are available to the community.
"community land" has the same meaning as in the Local Government Act 1993 .
"conservation management plan" means a document prepared in accordance with the requirements of the NSW Heritage Office that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management measures that are appropriate to enable that significance to be retained.
"convenience shop" means a shop which:

(a) is situated on a single allotment or parcel of land in the same ownership, and

(b) has a gross floor area not exceeding 150 square metres, and

(c) provides convenience goods or services to the local area.

"crematorium" means a furnace for cremating human corpses and includes a building containing such a furnace and any ancillary chapel or building.
"curtilage", in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
"demolition", in relation to a building, work, archaeological site, relic or place means the damaging, defacing, destruction, pulling down or removal of that building, work, archaeological site, relic or place in whole or in part.
"development" has the same meaning as in the Act.

At the commencement of this plan, development included the following:

(a) the use of land,

(b) the subdivision of land,

(c) the erection of a building,

(d) the carrying out of a work,

(e) the demolition of a building or work.

"drainage" means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
"dwelling" means a room or number of rooms occupied or used, or so constructed or adapted as to be capable of being used, as a separate domicile.
"dwelling-house" means a building or buildings containing one but not more than one dwelling.
"eco-generating works" means a building, work or place used for the generation of energy using:

(a) renewable resources, such as solar, wind or tidal energy and the like, or

(b) resources such as methane gas produced from land-fill operations.

"eco-tourism facility" means any nature-based tourism facility that involves education and interpretation of the natural or cultural environment and that is managed so as to be ecologically sustainable. It may include staff quarters or minimal impact, low scale tourist accommodation that is compatible with the environment.
"educational establishment" means a building used as a school, college, technical college, university, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or a child care centre.
"electronic communication centre" means a building or place used exclusively for the conduct or management of electronic or telephone communications (or both), such as a call centre.
"emergency bush fire hazard reduction work" means bush fire hazard reduction work carried out to protect persons, property or the environment from an existing or imminent danger arising out of a fire.
"emergency fire fighting act" means anything done or authorised to be done by a fire fighting authority, during the course of bush fire fighting operations.
"emergency response plan" means a plan including strategies for flood warning (including the dissemination of information to occupants) and the evacuation of persons, equipment and stock. The plan should be structured to be a parent plan to individual site plans for affected individual sites.
"environmental facility" means a building, work or place which provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
"environmental protection works" means any work associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion rehabilitation works, erosion protection works, dune restoration works, dune protection works and the like.
"excavation" means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
"exhibition home" means a dwelling used on a temporary basis for display purposes associated with the sale of the dwelling and similar dwellings, and may include areas within the dwelling that are used for ancillary purposes, such as a sales office, materials display and the like.
"exhibition village" means a group of exhibition homes and includes other associated places such as places used for car parking, a sales office, a display centre and the like, and may include ancillary buildings.
"existing ground level" means the ground level in existence immediately prior to the commencement of proposed building or site works.
"exotic tree" means a tree that is not locally indigenous.
"extractive industry" means:

(a) the winning of extractive material from the site, or

(b) an undertaking, not being a mine, that depends on the winning of extractive material from the land upon 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 the winning of extractive material that is required for, ancillary to or associated with the operation of a waste management facility or works.
"extractive material" means clay, coal, gravel, rock, sand, soil, stone or similar substance, but does not include turf and any sand, soil or other material remaining attached to turf after turf extraction is carried out.
"fill" means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include:

(a) the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or

(b) a waste disposal land fill operation.

"flood prone land" means land that is at or below 0.5 metre above the 1% annual exceedance probability flood level.
"flood work" has the same meaning as in the Water Management Act 2000 .
"generating works" means a building or place used for the purpose of making or generating gas, electricity, or other forms of energy, but does not include eco-generating works.
"goods terminal" means a building or place used for the principal purpose of the bulk handling of goods for transport by air, rail, road or waterborne vessels, and includes facilities for the loading and unloading of vehicles and vessels used to transport those goods and for the parking, servicing and repair of those vehicles or vessels.
"ground level (existing)" means the existing level of a site at any point.
"height" means the height of a building or structure measured from existing ground level to the uppermost point of the building or structure (excluding antennae, satellite dishes, masts, flagpoles and the like).
"helipad" means a place used for the occasional landing and taking off of helicopters, and which does not provide for commercial aviation or other facilities such as a terminal.
"heliport" means a place, whether open to the public or not, used for the taking off and landing of helicopters on a commercial basis, whether or not it includes a terminal building or facilities for the parking, storage or repair of helicopters.
"heritage conservation area" means an area of land that is shown edged with a heavy black broken line on the zoning map and described in Part 2 of Schedule 6.
"heritage impact statement" means a document prepared by a suitably qualified person consisting of:

(a) a statement addressing the heritage significance of a particular heritage item or heritage conservation area, or of a building, work, archaeological site, relic, tree or place within a heritage conservation area, and

(b) an assessment of the impact that the proposed development will have on that heritage significance, and

(c) recommendations for appropriate measures to minimise that impact.

"heritage item" means:

(a) a building, work, archaeological site, tree or place specified in the inventory of heritage items included in Part 1 of Schedule 6, or

(b) a place described in the National Parks and Wildlife Service Sites Register as a place of Aboriginal heritage significance.

"heritage significance" means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value to the community of the City of Newcastle.
"home employment" means an occupation which is carried out in a dwelling, or within the curtilage of a dwelling, by the permanent residents of the dwelling, and which does not involve:

(a) the employment of more than one additional person who does not permanently reside in the dwelling, or

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

(c) 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, or otherwise, or

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

(e) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on the dwelling, or within the curtilage of the dwelling, to indicate the name and occupation of the resident), or

(f) the use of the premises for the carrying out of an act or acts of prostitution.

"home workplace" means an activity carried out within a dwelling or within the curtilage of a dwelling, occupied by at least one of the people carrying out the activity or on land adjoining the land on which the dwelling is situated which is in the same ownership, and which does not involve:

(a) the employment of more than three additional persons that do not permanently reside in the dwelling, or

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

(c) the offering for sale of any goods other than goods which have been either produced on the site of the activity or relate directly to the activities taking place on the site, or

(d) 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, or otherwise, or

(e) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on the dwelling, or within the curtilage of the dwelling, to indicate the name and occupation of the resident), or

(f) the use of more than one third of the area of the building or buildings on the land or 50 square metres for the activity, whichever is the lesser, or

(g) the use of the premises for carrying out an act or acts of prostitution.

"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 may include:

(a) a nursing home, or

(b) offices for administration, or

(c) accommodation for staff and visitors, or

(d) associated education or research facilities.

"hotel" means the premises to which a hotelier’s licence granted under the Liquor Act 1982 applies.
"industrial ecology" means interactive relationships between industries aimed at optimising the use of energy and resources and minimising pollution and waste in such a manner that the raw materials used and the waste products produced by industries and other development progressively achieve a closed cycle.
"industry" means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing or adapting, or the research and development of any goods, chemical substances, food, agricultural or beverage products, or articles for commercial purposes, but does not include extractive industry or a mine.
"injuring", in relation to a tree, means:

(a) lopping and topping, or

(b) poisoning, including applying herbicides and other plant toxic chemicals to a tree or spilling (including washing off or directing water contaminated by) oil, petroleum, paint, cement, mortar and the like onto the root zone, or

(c) cutting and tearing of branches and roots that is not carried out in accordance with arboricultural practices that are generally accepted to promote the health of the tree, and does not qualify as pruning, or

(d) ringbarking, scarring the bark when operating machinery, fixing objects (eg signs) by nails, staples or wire, using tree climbing spikes on healthy trees marked for retention (except for access to an injured tree worker) or fastening materials that circle and significantly restrict the normal vascular function of the trunk or branches, or

(e) damaging the tree’s root zone by compaction, excavation or asphyxiation (including filling or stockpiling of materials), or

(f) underscrubbing, unless carried out by hand tools, such as brushcutters and the like.

"institution" means:

(a) a residential centre for persons who are within the target group, within the meaning of the Disability Services Act 1993 , or

(b) a hospital within the meaning of the Mental Health Act 1990 , or

(c) a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 , or

(d) a detention centre within the meaning of the Children (Detention Centres) Act 1987 .

"intensive agriculture" means a form of agriculture, comprising intensive livestock, horticultural or aquaculture enterprises such as turf farms, hydroponics greenhouses, piggeries, cattle feed lots, poultry farms or the like, which require particular treatment or practices for the management of wastes (including faeces or other by-products).
"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 unreasonably interfere 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, or otherwise.
"liquid fuel depot" means a depot or place used for the bulk storage or wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
"local shop" means a shop that:

(a) is of a nature and size that is suitable to serve a surrounding population of approximately 5,000 people, and

(b) is not a bulky goods retail outlet, convenience shop or sex aid establishment.

"locally indigenous", in relation to a tree or other vegetation, means being of a species that existed in, or on land in the vicinity of, the lower Hunter Region before European settlement.
"lower Hunter Region" means land within the cities of Greater Cessnock, Lake Macquarie, Maitland and Newcastle and the local government area of Port Stephens.
"low impact facility" means telecommunication devices declared to be low impact facilities under the Telecommunications (Low Impact Facilities) Determination 1997 of the Commonwealth.
"maintenance" means minor works involving a heritage item or a building within a heritage conservation area. It includes the ongoing protective care of a heritage item or a building, work, archaeological site, relic, tree or place within a heritage conservation area, and minor works not likely to detract from heritage significance. It does not include alterations involving the introduction of new materials or technology or alterations which would significantly change the appearance of the heritage item, building or work.
"managed bush fire hazard reduction work" means bush fire hazard reduction work that is carried out in accordance with a bush fire risk management plan.
"marina" means a permanent multiple boat storage facility located on a waterway with support facilities on an adjoining area of land or the waterway, and includes any multiple mooring managed in association with the facility and in its vicinity, and any associated boat sales, storage, dry boat storage or servicing facilities.
"mezzanine" means an intermediate floor within a room.
"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 use of 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 any place on which any product of the mine is stacked, stored, crushed or otherwise treated.
"motel" means a building or buildings (other than a hotel, brothel, boarding-house or urban housing) 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 also displayed there.
"native vegetation" means all plant species indigenous to the lower Hunter Region.
"natural water-based aquaculture" means aquaculture undertaken in natural waterbodies (including any part of the aquaculture undertaken in tanks, ponds or other facilities such as during the hatchery or depuration phases).
"Newcastle Development Control Plan 2005" means Newcastle Development Control Plan 2005 adopted by the Council, as in force on the commencement of Newcastle Local Environmental Plan 2003 (Amendment No 4) .
"Newcastle Urban Strategy" means the publication so titled, published by Newcastle City Council in 1998, in two volumes, The Strategy, ISBN 0-909115-67-2 and Background Report, ISBN 0-909115-68-0.
"operational land" has the same meaning as in the Local Government Act 1993 .
"parking space" means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
"passenger terminal" means any building or place used for the assembly and dispersal of passengers, whether conveyed by road, rail or water-borne vessels, but does not include a bus stop on a public road.
"place of Aboriginal heritage significance" means:

(a) a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people (it may include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening groves), or

(b) a natural Aboriginal sacred site or other sacred feature (may include natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance and specified in the National Parks and Wildlife Service Sites Register).

"place of assembly" means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building or place of a like character used as such and whether used for the purpose of gain or not, but does not include a place of worship, an institution or an educational establishment.
"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 ancillary administration, youth clubs, counselling, social events or religious training by a congregation or religious group.
"planning flood level" means the free water surface level of a flood with a nominated probability of occurrence or annual exceedance probability ( "AEP") adopted for the purposes of allowing particular forms of land use or other development above that level.
"plant nursery" means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are also sold there.
"pond-based aquaculture" means intensive aquaculture undertaken predominantly in ponds, raceways, or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but does not include natural water-based aquaculture.
"port" means a building or place used for:

(a) the loading of goods or materials onto ships and the unloading of goods or materials from ships, or

(b) the storage of goods that are mainly to be loaded onto ships in its immediate vicinity or that have mainly been unloaded from ships.

"potential acid sulphate soils" means soil material which is waterlogged and contains oxidisable sulphur compounds and that has a field pH of 4.0 or more but will become acidic when oxidised.
"Potential Acid Sulphate Soils Planning Map" means a map in the series of maps marked “ Potential Acid Sulphate Soils ” kept in the offices of the Department.
"pruning" means cutting branches from a tree in a planned and systematic manner that is carried out in accordance with Australian Standard AS 4373-2007, Pruning of amenity trees .
"public authority" has the same meaning as in the Act.
"public land" has the same meaning as in the Local Government Act 1993 .

The term is defined as follows:
"public land" means any land (including a public reserve) vested in or under the control of the council, but does not include:

(a) a public road, or

(b) land to which the Crown Lands Act 1989 applies, or

(c) a common, or

(d) land subject to the Trustees of Schools of Arts Enabling Act 1902 , or

(e) a regional park under the National Parks and Wildlife Act 1974 .

"public reserve" has the same meaning as in the Local Government Act 1993 .
"quality of life" means individuals’ perceptions of their position in life, in the context of cultural and value systems in which they live and in relation to their goals, expectations, standards and concerns.
"recreation area" means:

(a) a children’s playground, or

(b) an area used for sporting activities and 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 purpose of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those persons,

and includes any associated buildings or structures used for spectator accommodation, change rooms, meeting rooms, refreshment facilities and the like.
"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.
"relic" means:

(a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the City of Newcastle, and that is a fixture or is wholly or partly within the ground, or

(b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation for the locality now identified as the City of Newcastle.

"remove", in relation to a tree, means cut down, fell, destroy, kill, transplant or uproot a tree.
"restaurant" means a building or place the principal purpose of which is the provision of meals for consumption on or off the premises.
"roadside stall" means a building or place not exceeding 20 square metres in floor space or area 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.
"serviced apartment" means a building or part of a building providing self-contained tourist and visitor accommodation that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
"sex aid establishment" means any premises used solely or principally for the purpose of offering or exposing for sale by wholesale, mail order or retail, all or any of the following items:

(a) publications that are classified Category 1 Restricted, Category 2 Restricted or RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth,

(b) materials, compounds, preparations or devices which are used or intended to be used in or in connection with sexual activity,

and includes sex shops, sex aid shops, adult bookshops and the like.
"sexual entertainment establishment" means any premises used solely or principally for the purpose of presenting entertainment of an overtly erotic nature, including peep shows, strip tease shows, live sex shows, pornographic movies and the like.
"shop" means a building or place that is used for the purpose of the selling by retail, or hiring or displaying for the purpose of selling or hiring, of items (whether goods or materials) but does not include a convenience shop, bulky goods retail outlet, local shop or a sex aid establishment.
"site audit statement" has the same meaning as in Part 4 of the Contaminated Land Management Act 1997 .
"State significance", in relation to a heritage item, means a heritage item which is identified as being of State significance in Schedule 6.
"storey" means a 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, but does not include:

(a) a space that contains only a lift shaft, stairway or meter room, or

(b) a mezzanine, or

(c) an attic.

"subdivision" has the same meaning as in the Act.
"swimming pool" has the same meaning as in the Swimming Pools Act 1992 .

The term is defined as follows:
"swimming pool" means an excavation, structure or vessel:

(a) that is capable of being filled with water to a depth of 300 millimetres or more, and

(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.

"tank-based aquaculture" means intensive aquaculture undertaken exclusively in tanks, but does not include natural water-based aquaculture.
"telecommunications carrier" means the holder of a carrier licence under the Telecommunications Act 1997 of the Commonwealth.
"telecommunications facility" has the same meaning as "facility" in the Telecommunications Act 1997 of the Commonwealth.
"telecommunications network" has the same meaning as in the Telecommunications Act 1997 of the Commonwealth.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the Council" means the Council of the City of Newcastle.
"transport depot" means a building or place used for the storage, servicing, maintenance and fuelling of trucks, tow trucks, buses, aircraft and the like.
"tree worker" means a trades person who holds the Australian Qualifications Framework Certificate III Horticulture (Arboriculture) or an international qualification considered equivalent by the Council.
"urban centre" means a commercial or business activity centre and includes the Newcastle City Centre, district centres and local centres as described in the Newcastle Urban Strategy .
"urban housing" means a building or buildings comprising two or more dwellings.
"utility undertaking" means:

(a) 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:

(i) railway, road transport, water transport, air transport, wharf or river undertakings,

(ii) undertakings for the supply of water, hydraulic power, electricity or gas or the provisions of sewerage or drainage,

(iii) the provision of a telecommunications network or facility by a telecommunications carrier,

(b) a private undertaking of a kind similar to any of those described in paragraph (a) (ii), carried on by a person other than a public authority,

and a reference to a person carrying on a utility undertaking includes a reference to a council, county council, or government department, corporation, firm or authority carrying on the undertaking.
"warehouse" means a building or place used for the storage of goods, merchandise or materials pending their sale or distribution to persons engaged in the retail trade.
"waste management facility or works" means a facility used for the storage, treatment, purifying or disposal of waste, whether or not it is also used for the sorting, processing, recycling, recovering, use or reuse of material from that waste, and whether or not any such operations are carried out on a commercial basis. It includes but is not limited to:

(a) an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for such storage, treatment, purifying or disposal, and

(b) eco-generating works ancillary to or associated with such storage, treatment, purifying or disposal.

"wetland" means any shallow body of water (such as a marsh, billabong, swamp or sedgeland) that is:

(a) inundated cyclically, intermittently or permanently with water, and

(b) vegetated with wetland plant communities.

"zoning map" means the set of maps identified as “ Newcastle Local Environmental Plan 2003-Zoning Map ”, as amended by 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.

Newcastle Local Environmental Plan 2003 (Amendment No 4) -Sheets 1-14 and 16

Newcastle Local Environmental Plan 2003 (Amendment No 6) -Sheets 1-3

Newcastle Local Environmental Plan 2003 (Amendment No 8)

Newcastle Local Environmental Plan 2003 (Amendment No 9) -Sheets 2-13

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 11)-The Dan Land-Zoning Map

State Environmental Planning Policy (Major Projects) Amendment (Freeway North) 2008

(2) The terms "hazardous industry", "hazardous storage establishment", "offensive industry" and "offensive storage establishment" have the same meanings as in State Environmental Planning Policy No 33-Hazardous and Offensive Development .

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