New South Wales Consolidated Regulations
"abattoir" means a building or place used for the slaughter of animals,
whether or not it is used for the processing, manufacture or distribution of
animal by-products, and includes a knackery.
"advertisement" means the display of symbols, messages or other devices for
promotional purposes or for conveying information, instructions, directions or
the like, whether or not the display includes the erection of a structure or
the carrying out of a work.
"agriculture" means the cultivation of crops, and the keeping and breeding of
livestock, bees, worms or poultry and other birds, and the like, for
commercial purposes, but does not include an intensive agricultural pursuit,
intensive agriculture, or clearing native vegetation.
"airport" means a landing and taking-off area for civil aircraft, with
facilities for aircraft maintenance and passenger arrival and departure.
"animal establishment" means a building or place in or on which the commercial
boarding, breeding, keeping, maintaining, receiving or training of horses,
dogs or cats is carried out, and includes riding schools and the like.
"appointed day" means the day on which this plan takes effect.
"aquaculture" means the propagation or rearing of marine, freshwater or
estuarine fish or other organisms and includes a farm established for that
purpose using an artificially created body of water.
"archaeological site" means a site of archaeological significance listed in
Part 3 of Schedule 2.
"arterial road" means any existing road that predominantly carries through
traffic from region to another, identified as being arterial in the
Council’s Road Hierarchy Policy .
"bed and breakfast establishment" means a dwelling-house used (in addition to
its use as a principal place of residence) for the provision of temporary
accommodation for not more than 6 tourists or travellers at any one time in
not more than 3 bedrooms in the dwelling-house.
"boarding-house" means a building or place:
(a) where accommodation, meals and laundry facilities are provided to the residents of the building or place, and
(b) which is the principal place of residence of the majority of residents, and
(c) which is not licensed to sell liquor under the Liquor Act 1982 ."brothel" means premises habitually used for the purposes of prostitution. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution. It includes any premises where acts of prostitution take place, irrespective of any other services which may also be provided, such as massage, relaxation therapy, photography, or other services of a like nature.
(a) a large area for handling, storage or display, or
(b) direct vehicular access to the site by the public, for loading items into their vehicles after purchase,but does not include a building or place used for the sale of foodstuffs or clothing.
(a) placing moveable dwellings within the meaning of the Local Government Act 1993 for permanent accommodation, or for the temporary accommodation of tourists, or
(b) the erection, assembly or placement of cabins for the temporary accommodation of tourists."child care centre" means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:
(a) the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Act 1990 , 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)."clearing native vegetation" has the same meaning as in the Native Vegetation Act 2003 .
The term is defined as follows:"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 .
"clearing native vegetation" means any one or more of the following:(a) cutting down, felling, thinning, logging or removing native vegetation,(b) killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation.(See Division 3 of Part 3 of the Native Vegetation Act 2003 for the exclusion of routine agricultural management and other farming activities from constituting the clearing of native vegetation if the landholder can establish that any clearing was carried out for the purpose of those activities.)
(a) coastal waters of the state, or
(b) land to which State Environmental Planning Policy No 14-Coastal Wetlands or State Environmental Planning Policy No 26-Littoral Rainforests applies, or
(c) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997 , or
(d) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention, or
(e) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, or
(f) land reserved as a State conservation area under the National Parks and Wildlife Act 1974 , or
(g) land, places, buildings or structures listed on the State Heritage Register, or
(h) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, or
(i) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994 ."exhibition home" means a building not used for residential purposes, constructed as a dwelling, and temporarily on display to the public for promotional purposes and includes a sales office.
(a) the winning of extractive material including sand, gravel, clay, turf, soil, rock, stone or similar substances, or
(b) an 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, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land."flood prone land" means land indicated on the map marked “ Flood Prone Land ” as amended from time to time.
(a) columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external walls, 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 thereto, and
(d) space for the loading and unloading of goods."hazardous industry" means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the industry from other land in the locality that is used or likely to be used, for other purposes) would pose a significant risk in the locality:
(a) to human health, life or property, or
(b) to the biophysical environment."hazardous storage establishment" means a building or place at which goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the establishment from other land in the locality that is used, or likely to be used, for other purposes), would pose a significant risk in the locality:
(a) to human health, life or property, or
(b) to the biophysical environment."health care professional" means a person who provides professional health services to members of the public, and includes:
(a) a podiatrist registered under the Podiatrists Act 1989 ,
(b) a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors and Osteopaths Act 1991 ,
(c) a physiotherapist registered under the Physiotherapists Registration Act 1945 , and
(d) an optometrist registered under the Optometrists Act 1930 ."health 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 not more than two legally qualified medical practitioners or by not more than two dentists within the meaning of the Dentists Act 1989 , or by not more than two health care professionals, who practise therein the profession of medicine, dentistry or health care respectively, and if more than one, practise in partnership, and who employ not more than two employees in connection with that practice.
(a) a terminal building, or
(b) facilities for the parking, storage or repair of helicopters."heritage conservation area" means land shown edged by a heavy black broken line on the map and listed in Part 2 of Schedule 2 and includes buildings, works, relics, trees and places situated on or within that land.
(a) the person providing the child care is appropriately licensed under the Children and Young Persons (Care and Protection) Act 1998 ,
(b) the number of children at the dwelling (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school."home employment" means the use of any land or buildings within an allotment on which a dwelling is located, for any office, industry or business, but only where such use:
(a) is undertaken by the permanent residents of the dwelling whether or not others are also employed, and
(b) does not interfere with the amenity of the adjoining properties or the locality in which the dwelling is situated, and
(c) does not involve exposure to view from any adjacent premises or from any public place of any unsightly matter, and
(d) does not require the provision of any essential service main of a greater capacity than that available in the locality,but does not include the use of the land or buildings for a home occupation or a brothel.
(a) registration of the building under the Factories, Shops and Industries Act 1962 , or
(b) the employment of persons other than those residents, 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 waters, waste products or 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 that dwelling-house, dwelling, front fence or a pole within the property boundary such that the height of the sign is not more than 1.5m, to indicate the name and occupation of the resident), or
(f) the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail."hospital" means a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes:
(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or restaurants and ancillary accommodation for persons receiving health care or for their visitors, and
(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use."hotel" means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates.
(a) involves the confinement in an area with watering and feeding facilities where the animals are completely hand or mechanically fed for the purpose of production, or
(b) requires particular treatment or practices for the management of liquid or solid wastes to prevent the pollution of any part of the environment, or
(c) requires separation from surrounding land uses to minimise the risk of land use conflict or for any other reason."intensive animal husbandry" means the commercial breeding, boarding or nurturing, by a feeding method other than natural grazing, of cattle, pigs, sheep, goats, poultry or other livestock and may involve:
(a) feed lots containing more than 5 cattle, and
(b) piggeries containing more than 5 pigs, and
(c) poultry farming establishments containing more than 20 birds."liquid fuel depot" means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
(a) a main or arterial road, or
(b) a road connecting with a main or arterial 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 main or arterial road."marina" means a pontoon, jetty, pier, wharf or the like, used or intended to be used to provide moorings for boats used for pleasure, recreation or commercial purposes 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, and
(d) facilities for wholesale and retail sales, and for commercial, industrial and heavy engineering works and other activities connected with the fishing industry."market" means an open-air area or an existing building used for the purpose of selling, exposing or offering goods, merchandise or materials for retail sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
(a) whether or not some (but not all) persons are admitted free of charge, and
(b) whether or not the money or other consideration demanded:"public land" means any land (including a public reserve) vested in or under the control of Council, but does not include:(i) as a charge for a meal or other refreshment before admission is granted, or(ii) as a charge for the entertainment after admission is granted.
(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 .
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
(a) a children’s playground,
(b) an area used for sporting activities or sporting facilities,
(c) an area used 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 for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,but does not include a racecourse, race track or a showground.
(a) the use or settlement of the area of Port Stephens, not being Aboriginal habitation, which is more than 50 years old, or
(b) Aboriginal habitation of the area of Port Stephens before or after its occupation by persons of European extraction."restaurant" means a building or place used principally for providing prepared food to people for consumption on the premises or to take away (or for preparing both kinds of food).
(a) publications classified Category 1 restricted or Category 2 restricted under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown exhibited, displayed, sold or otherwise rendered accessible or available to the public, or
(b) a business to which section 578E of the Crimes Act 1900 applies is conducted,but does not include a newsagency or pharmacy.
(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 the purposes of selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this Dictionary, or a building or place used for a purpose elsewhere specifically defined in this Dictionary.
(a) in relation to residential development, the following are not included for the purpose of calculating site coverage:(i) a basement,(ii) pedestrian awnings adjoining the street frontage,(iii) eaves, and
(b) in relation to commercial development, the following are not included for the purpose of calculating site coverage:"swimming pool" means an excavation, structure or vessel:(i) a basement,(ii) pedestrian awnings adjoining the street frontage,(iii) unenclosed pedestrian decks adjoining the street frontage,(iv) transparent or translucent roof structures over a landscaped area.
(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 the following:
(c) a spa bath,
(d) anything that is situated within a bathroom,
(e) anything declared by the regulations under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act."telecommunications facility" means a tower, pole or mast for the purpose of providing communications by means of electromagnetic energy and includes the construction of the facility, the attachment of the facility to any building or structure, or any activity that is ancillary or incidental to the installation of the facility, but does not include an antenna.
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.
Port Stephens Local Environmental Plan 2000 (Amendment No 1)
Port Stephens Local Environmental Plan 2000 (Amendment No 3)
Port Stephens Local Environmental Plan 2000 (Amendment No 6)
Port Stephens Local Environmental Plan 2000 (Amendment No 8)
Port Stephens Local Environmental Plan 2000 (Amendment No 14)
Port Stephens Local Environmental Plan 2000 (Amendment No 16)
Port Stephens Local Environmental Plan 2000 (Amendment No 17)
Port Stephens Local Environmental Plan 2000 (Amendment No 18)
Port Stephens Local Environmental Plan 2000 (Amendment No 19)
Port Stephens Local Environmental Plan 2000 (Amendment No 20)
Port Stephens Local Environmental Plan 2000 (Amendment No 21) -Sheets 1 to 7
Port Stephens Local Environmental Plan 2000 (Amendment No 24)
Port Stephens Local Environmental Plan 2000 (Amendment No 27) -Sheet 1
Port Stephens Local Environmental Plan 2000 (Amendment No 32)
Port Stephens Local Environmental Plan 2000 (Amendment No 33)
Port Stephens Local Environmental Plan 2000 (Amendment No 34) -Sheets 1 to 3
Port Stephens Local Environmental Plan 2000 (Amendment 35)"tourist boat" means a boat taking fare paying passengers, being a boat that is berthed or based in Port Stephens for more than 20 days per annum.
(a) pending their sale and distribution to persons engaged in the retail trade, or
(b) on a casual or hire basis,and includes any ancillary showroom.