New South Wales Consolidated Regulations

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WESTERN DIVISI0N REGIONAL ENVIRONMENTAL PLAN NO 1--EXTRACTIVE INDUSTRIES - REG 7

Definitions

7 Definitions

In this clause:
"agriculture" includes horticulture and the use of land for any purpose of husbandry, including the keeping or breeding of livestock, poultry, or bees and the growing of fruit, vegetables and the like.
"bank" means the limit of the bed of a river.
"bed", in relation to a river or lake, means the whole of:

(a) the soil or other matter forming the channel in which the river flows, or
(b) the soil or other matter forming the bottom of the lake,
and includes so much of the sides and bottom of the channel or of the shore and bottom of the lake as contain the river or lake at its mean level (whether or not the river or lake is for the time being at its mean level), but does not include any part of the sides or bottom of the channel or of the shores or bottom of the lake covered by water in times of flooding only.
"Commissioner" means the person appointed as the Western Lands Commissioner under section 4 of the Western Lands Act 1901 .
"crown lands" means Crown lands within the meaning of the Crown Lands Consolidation Act 1913 .
"environmental management and rehabilitation plan" means a written statement relating to land the subject of a development application and containing particulars of:
(a) the methods proposed for the duration of the development to ensure that the land is in a stable state and any proposed future use of the land, and
(b) the proposed future use of the land.
"extractive industry" means:
(a) the winning of extractive materials, not being coal, petroleum or any mineral within the meaning of the Mining Act 1973 , or
(b) an industry or undertaking (not being a mine) which depends for its operations on winning extractive material from the land on which the industry or undertaking is carried out.
"lake" includes:
(a) a dry lake, or
(b) a wet lake such as a lagoon, swamp or other collection of still water, whether permanent or temporary, not being water contained by an artificial work.
"prime crop and pasture land" means land within an area:
(a) identified, on a map prepared by or on behalf of the Director-General of the Department of Agriculture and Fisheries and deposited in an office of the Department of Agriculture and Fisheries, as Class 1, Class 2 or Class 3 land or as land of merit for special agricultural uses, or
(b) certified by the Director-General of Agriculture and Fisheries to be prime crop and pasture land for the purposes of this plan.
"protected land" has the same meaning as it has in Division 2 of Part 4 of the Soil Conservation Act 1938 .
"Region" means land declared to be the Western Division Region in accordance with the Act.
"river" includes:
(a) a stream of water (whether or not consisting of or including saline water), whether perennial or intermittent, flowing in a natural channel, or in a natural channel artificially improved, or in an artificial channel which has changed the course of the stream, and
(b) an affluent, confluent, branch or other stream of water (whether or not consisting of or including saline water) into or from which a stream referred to in paragraph (a) flows.
"the Act" means the Environmental Planning and Assessment Act 1979 .



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