New South Wales Consolidated Regulations

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SYDNEY REGIONAL ENVIRONMENTAL PLAN NO 24--HOMEBUSH BAY AREA - SCHEDULE 2

SCHEDULE 2 – Definitions

(Clause 6)

"alter", in relation to a heritage item or to a building or work within a heritage conservation area, means:

(a) make structural changes to the outside of the heritage item, building or work, or
(b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, but not including non-structural changes resulting from maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.
"archaeological site" means the site of one or more relics.
"clear", in relation to land, means the destruction of, or removal in any manner of, trees, saplings, seedlings or shrubs growing on the land, but does not include:
(a) the control of weeds declared to be noxious by order pursuant to section 7 of the Noxious Weeds Act 1993 , by means not likely to be significantly detrimental to the native ecosystem, or
(b) the incidental destruction or removal of native plants growing adjacent to any such noxious weeds.
"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 mechanisms that are appropriate to enable that significance to be retained.
"contaminated land" means land, which, by reason of its being affected by a chemical or other waste, the consent authority considers is unsafe or unfit for habitation or occupation by persons or animals, or is otherwise environmentally degraded.
"demolish" a heritage item, or a building, work, archaeological site, tree or place within a heritage conservation area, means to wholly or partly destroy, dismantle or deface the heritage item or the building, work, archaeological site, tree or place.
"ecological plan of management" means the latest document bearing that title prepared for the Sydney Olympic Park Authority or the Australian Department of Defence for the purpose of managing environmental conservation areas, particularly in relation to natural communities including flora and fauna habitats.
"ecologically sustainable development" means development which uses, conserves and enhances the community’s resources so that ecological processes, on which life depends, are maintained and the total quality of life, now and in the future, can be increased.
"environmental conservation area" means an area shown in a distinctive manner on the map marked “ Homebush Bay Area-Environmental Conservation Areas Map ”.
"grasslands/wetlands" means open areas within an environmental conservation area containing grasses and herbs, whether native or introduced in origin, and includes wet grasslands featuring Paspalum paspalodes and other floating vegetation, shown in a distinctive manner as grasslands/wetlands on the map marked “ Homebush Bay Area-Environmental Conservation Areas Map ”.
"heritage conservation area" means an area of land that is described in Schedule 4 and shown in a distinctive manner on the map marked “ Homebush Bay Area-Heritage and Conservation Areas Map ” and includes buildings, works, archaeological sites, trees and places and situated on or within the land.
"heritage impact statement" means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, archaeological site, tree or place within a heritage conservation area, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.
"heritage item" means a building, work, archaeological site or place specified in Schedule 5 and identified as a heritage item in a distinctive manner on the map marked “ Homebush Bay Area-Heritage and Conservation Areas Map ”.
"Heritage Items Site Identification Manual" means the document bearing that title prepared by the Department, as updated from time to time.
"heritage significance" means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
"Homebush Bay Area Map" means the map marked “ Homebush Bay Area Map ”, as amended by the maps (or specified sheets of 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.
State Environmental Planning Policy (Major Development) Amendment (Sydney Olympic Park) 2009 Homebush Bay Area Map
Sydney Regional Environmental Plan No 24-Homebush Bay Area-Amendment No 2
Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005-Foreshores and Waterways Area Map
"international agreements for the protection of migratory birds" means the agreements, as from time to time in force, between the Australian Government and the Governments of Japan and the People’s Republic of China for the protection of migratory birds in danger of extinction and their environments.
"land/water interface development" means development for the purpose of any one or more of the following:
(a) boardwalks,
(b) boating industry facilities,
(c) boat launching ramps,
(d) marinas,
(e) public water transport facilities,
(f) water based restaurants and entertainment facilities,
(g) water recreational facilities.
"maintenance" means the ongoing protective care of a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
"major public facilities" are facilities, not including roads, which are capable of accommodating, or being used in conjunction with, public events (such as sporting events, entertainment, leisure activities, recreational activities, exhibitions and conferences) that, in the opinion of the consent authority, are likely to attract over 5,000 people at the one time.
"North Newington woodland area" means Eucalypt forests and the adjacent casuarina woodland, shown in a distinctive manner as woodlands on the map marked “ Homebush Bay Area-Environmental Conservation Areas Map ”.
"Parramatta River Foreshores and Waterways Planning and Development Advisory Committee" means the committee constituted under Sydney Regional Environmental Plan No 22-Parramatta River .
"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 can (but need not) 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 grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes 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.
"potential historical archaeological site" means a site:
(a) that is specified in Schedule 6 and identified as such in a distinctive manner on the map marked “ Homebush Bay Area-Heritage and Conservation Areas Map ”, or
(b) that, in the opinion of the consent authority, has the potential to be an historical archaeological site, even if it is not so specified.
"potential place of Aboriginal heritage significance" means a place that, in the opinion of the consent authority, has the potential to have Aboriginal heritage significance.
"public facilities" are facilities which are capable of accommodating, or being used in conjunction with, public events (such as sporting events, entertainment, leisure activities, recreational activities, exhibitions and conferences).
"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 Homebush Bay Area 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 of the Homebush Bay Area.
"remediation of land" means:
(a) removing the cause of contamination from land, or
(b) reducing contamination of land, or
(c) eliminating or reducing any danger arising from the contamination of land, or
(d) rehabilitating land.
"SOPA Frog Management Plan" means the document published by the Sydney Olympic Park Authority under the title SOPA Frog Management Plan-Frog Management Plan for the Green and Golden Bell Frog , as in force from time to time, copies of which are available for inspection at the offices of the Sydney Olympic Park Authority.
"Sydney Olympic Park" means the land described in Schedule 1 to the Sydney Olympic Park Authority Act 2001 .
"Sydney Olympic Park Authority" means the Sydney Olympic Park Authority constituted by the Sydney Olympic Park Authority Act 2001 .
"the Act" means the Environmental Planning and Assessment Act 1979 .
"water based development" means development for the purpose of any one or more of the following:
(a) aids to navigation,
(b) aviation facilities,
(c) boat lifts,
(d) charter or tourism boating facilities,
(e) commercial port facilities,
(f) dredging (except for dredging associated with remediation of land),
(g) flora or fauna enclosures,
(h) houseboats,
(i) maintenance dredging,
(j) moorings,
(k) reclamation,
(l) sea walls,
(m) shore-related moorings,
(n) slipways,
(o) swimming enclosures,
(p) wharves, jetties or pontoons.
"wetlands" means land within an environmental conservation area which is permanently or intermittently wet with fresh or tidal water which supports wetland vegetation and fauna and which is shown in a distinctive manner as wetlands on the map marked “ Homebush Bay Area-Environmental Conservation Areas Map ”.
"wetland vegetation" means vegetation which includes, but is not limited to, mangroves, forests, saltmarshes, rushbeds and cumbungi beds.


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