New South Wales Consolidated Regulations

WAKOOL LOCAL ENVIRONMENTAL PLAN 1992 - REG 5

5 Definitions

(1) In this plan:
"alter", in relation to a heritage item or to a building or work within a 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 changes that maintain the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.

"animal boarding or training establishment" means a place for the commercial boarding, breeding, keeping or training of animals, and includes a riding school and veterinary clinic.
"appointed day" means the day on which this plan takes effect.
"arterial road" means an existing road indicated in the map by heavy broken black lines.
"bank" means the limit of the bed of a river.
"bed", in relation to a river, means the whole of the soil of the channel in which the river flows, including the portion which is alternately covered and left bare as there may be an increase or diminution in the supply of water and which is adequate to contain it at its average or mean stage without reference to extraordinary freshets in the time of flood or to extreme droughts.
"caravan park" means land used as a site for movable dwellings, including tents and caravans and other vehicles used for temporary or permanent accommodation.
"conservation area" means an area of heritage significance being the land shown marked “Conservation Area” on the map.
"Council" means the Council of the Shire of Wakool.
"demolition", in relation to a heritage item or to a building or work within a conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building or work, in whole or in part.
"environmentally sensitive land" means land shown horizontally hatched with black lines on the map.
"existing holding" means:

(a) except as provided by paragraph (b)-the area of a lot, portion or parcel of land as it was at 18 November 1977, or

(b) where, as at 18 November 1977, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land-the aggregation of those lots, portions or parcels as they were on that day.

"flood liable land" means land shown diagonally hatched with black lines on the map.
"heritage item" means a building, work, relic, tree, or place of heritage significance to the Shire of Wakool described in Schedule 1.
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"horticulture" means fruit farming and vegetable farming, and includes plant propagation, plant breeding, ornamental floriculture, landscape horticulture and turf farming.
"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 cats, cattle, dogs, fish, goats, sheep, poultry or other livestock are held for the purposes of breeding, boarding or 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) fish farming (including crustaceans and oysters),

but does not include an animal boarding or training establishment or land used for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land, and does not include a building or place used for short term feeding or feedlots operated during periods of declared drought, or at times of other natural disasters such as fire or flood.
"large villa unit" means a dwelling which has a gross floor area of more than 85 square metres.
"medium villa unit" means a dwelling which has a gross floor area of not less than 55 square metres and not more than 85 square metres.
"prime crop and pasture land" means land within an area identified, on a map prepared by or on behalf of the Director-General of the NSW Department of Agriculture and deposited in an office of the NSW Department of Agriculture (and a copy of which is deposited in the office of the Council), as Class 1, Class 2 or Class 3 land, or as land of merit for special agricultural uses, but does not include land which the Director-General has notified the Council in writing is not prime crop and pasture land for the purposes of this plan.
"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 recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:

(i) a public authority, or

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

but does not include a racecourse or showground.
"relic" means any deposit, object or material evidence relating to the settlement of the area of the Shire of Wakool which is 50 or more years old.
"river" means the Edward River, Murray River, Murrumbidgee River, Niemur River or Wakool River or Eagle Creek or Hudson Creek.
"sandhill vegetation clearing" means any manner of destruction or removal of trees, shrubs or plants on land identified as sandhills on the map, and includes cutting, felling, chaining, rolling, ringbarking, poisoning, burning and other mechanical means of destroying or removing such vegetation, but does not include the destruction or removal of noxious weeds or plants or trees that are dead or dangerous.
"small villa unit" means a dwelling which has a gross floor area of less than 55 square metres.
"the map" means the map, marked “ Wakool Local Environmental Plan 1992 ”, as amended by the maps (or, if sheets of maps are specified, by 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.

Wakool Local Environmental Plan 1992 Amendment No (2)

Wakool Local Environmental Plan 1992 (Amendment No 3)

Wakool Local Environmental Plan 1992 (Amendment No 5)

"tree" includes sapling, shrub and scrub.
"villa unit" means a dwelling within a single storey building which has within its curtilage pedestrian access and open space at ground level for the exclusive use of the occupants of the dwelling.
"wetland" means land which forms a shallow water body when inundated cyclically, intermittently or permanently, being such inundation which determines the type and productivity of soils and the plant and animal communities.

(2) In this plan, a reference to the destruction of a tree is a reference to the ringbarking, cutting down, felling, poisoning, topping, lopping, removing or otherwise destroying or injury of a tree.

(3) In this plan:

(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,

(b) a reference to a map is a reference to a map deposited in the office of the Council, and

(c) a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner identified in clause 8 as the means of identifying land of the zone so specified.

(4) Notes in this plan do not form part of this plan.