New South Wales Consolidated Regulations

WENTWORTH LOCAL ENVIRONMENTAL PLAN 1993 - REG 5

5 Definitions

(1) In this plan:
"aboriginal relic" means a relic as defined in the National Parks and Wildlife Act 1974 .
"alter", in relation to a heritage item that is a building or work, means:

(a) make structural changes to the outside of the building or work, or

(b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the building or work, other than non-structural changes that merely maintain the existing detail, fabric, finish or appearance of the outside of the 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 upon which this plan takes effect.
"arterial road" means:

(a) an existing road indicated on the map by heavy broken black lines, or

(b) a classified road within the meaning of the State Roads Act 1986 .

"bank" means the limit of the bed of a river or lake.
"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 shores 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.
"community facility" means a building or place owned or controlled by a public authority, a body of persons or a person which provides for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place elsewhere defined in this clause.
"conservation plan" means a document establishing the significance of a heritage item and identifying policies that are appropriate to enable that significance to be retained in the future use and development of the heritage item.
"Council" means the Council of the Shire of Wentworth.
"demolition" in relation to a heritage item or to a building, work, relic or place within a heritage conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building, work, relic or place in whole or in part.
"entertainment facility" means a building or place used for the purposes of sport, entertainment, exhibitions or displays, and includes:

(a) sports stadiums, showgrounds, racecourses and the like, and

(b) theatres, cinemas, music halls, concert halls, open air theatres, drive-in theatres and the like.

"environmentally sensitive land" means land which is flood liable, a sandhill or within 100 metres of an escarpment or land shown horizontally cross-hatched with black lines in the Gol Gol, Buronga and Boeill Creek region 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 as at the appointed day, or

(b) if, as at the appointed day, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the combined area of those lots, portions or parcels as they were at the appointed day.

"flood liable land" means land shown diagonally hatched with black lines on the map or land inundated in either the 1956 or 1974 floods.
"heritage conservation area" means land shown edged heavy black on the map marked “ Heritage Conservation Area Map ”.
"heritage item" means a building, work, relic, tree or place of heritage significance in the Shire of Wentworth described in Schedule 1.
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"horticultural land" means land on which potentially commercial vines or fruit trees are permanently planted.
"intensive livestock keeping establishment" means a building or place in which or on which cattle, sheep, goats, dogs, cats, poultry or other livestock are held for the purpose 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 farms (including farms cultivating crustaceans or 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 short term feeding or feedlots operated during periods of drought or other natural disasters.
"lake" means a body of intermittent or permanent water.
"pastoral land" means land which is utilized for the grazing of livestock or for the production of an annual crop, or both.
"pool level" means the water level of a river created by the nearest downstream weir.
"potential historical archaeological site" means a site identified on the map as a potential historical archaeological site.
"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 Department of Agriculture and deposited in the office of the Council, as Class 1, Class 2, Class 3 or Class 4/1 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 facility" means a building or place used for sporting, recreation or leisure activities, whether or not operated for the purpose of gain, and includes a children’s playground but does not include a building or place elsewhere defined in this clause.
"relic" means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the land to which this plan applies which is 50 or more years old.
"restaurant" means a building or place the principal purpose of which is the provision of food to people for consumption on the premises.
"river" means the Murray River, the Darling River, the Great Anabranch, Tuckers Creek, Gol Gol Creek, Frenchmans Creek and the Rufus River and their associated wetlands.
"the map" means the map marked “ Wentworth Local Environmental Plan 1993 ”, as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of the 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.

Wentworth Local Environmental Plan 1993 (Amendment No 5)

Wentworth Local Environmental Plan 1993 (Amendment No 10)-Sheet 2 of 2

Wentworth Local Environmental Plan 1993 (Amendment No 13), Sheet No 1

Wentworth Local Environmental Plan 1993 (Amendment No 15), Sheet No 1

Wentworth Local Environmental Plan 1993 (Amendment No 17)

Wentworth Local Environmental Plan 1993 (Amendment No 19)

"tree" includes a sapling, shrub or scrub but excludes commercial plantings of fruit trees and any trees declared noxious under any State legislation.
"unregistrable movable dwelling" has the same meaning is in Ordinance 71 made under the Local Government Act 1919 .
"wetlands" means a billabong or low lying land that retains water following high rivers and floods.

(2) In this plan, a reference to clearing is a reference to ringbarking, cutting down, felling, poisoning, removing or otherwise killing or destroying a tree.

(3) In this plan:

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

(b) 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.

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