New South Wales Consolidated Regulations

WELLINGTON LOCAL ENVIRONMENT PLAN 1995 - REG 6

6 Definitions

(1) In this plan:
"animal boarding or training establishment" means a place at which the commercial boarding, breeding, keeping, maintaining, receiving or training of horses, dogs, cats or other animals is carried on and includes riding schools and the like.
"appointed day" means the date on which this plan takes effect.
"bushfire hazard reduction" means the reduction or modification of fuel by burning, chemical, mechanical or manual means.
"caravan park" means land used as sites for moveable dwellings, including tents and caravans or other vehicles used for temporary accommodation and holiday cabins and includes any kiosk or other similar facility situated on the land.
"classified road" means a main or arterial road listed in Schedule 2.
"community centre" means a building or place owned or controlled by a public authority and used to provide facilities comprising or relating to any one or more of the following:

(a) a public library,

(b) public health services,

(c) rest rooms,

(d) meeting rooms,

(e) indoor recreation,

(f) child minding facilities, or

(g) any other like place of facility.

"conservation area" means land shown edged with a broken, thick black line and marked “Conservation Area” on the map.
"Council" means the Wellington Council.
"demolish" a heritage item or a building, work, relic, tree or place within a heritage conservation area means wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.
"environmental protection area" means:

(a) land identified as Agricultural Land Suitability Class 5 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,

(b) land identified as Rural Land Capability Classes VII and VIII on a map prepared by the Soil Conservation Service and deposited in the office of the Council,

(c) land which has a slope or gradient in excess of 1 in 3, including land identified as “Protected Land” under the Soil Conservation Act 1938 and shown on a map deposited in the office of the Council, or

(d) land within, or within 20 metres of, the bed or bank of a prescribed stream, as listed in the publication “Restrictions on the removal of trees on NSW watercourses” available from the Department of Land and Water Conservation.

"flood liable land" means land shown edged with a fine blue dotted line on the map.
"grazing" means breeding, growing, keeping and feeding sheep, cattle, horses or other grass feeding stock on pasture land.
"heritage item" means a building, work, relic, tree or place (which may or may not be situated on or within land that is a heritage conservation area) described in Schedule 1.
"holding" means:

(a) except as provided by paragraph (b)-the area of a lot, portion or parcel of land as it was as at 26 June 1987, or

(b) where, as at 26 June 1987, a person owned two or more adjoining or adjacent lots, portions or parcels of land, the combined area of those lots, portions or parcels as they were at that date.

"intensive agricultural pursuits" means horticulture, including market gardening, mushroom growing, fruit growing, flower growing, lucerne growing, vineyards and similar pursuits.
"intensive livestock keeping" means a building or place in which or at which livestock are held for the purpose of nurturing wholly by a feeding method other than natural grazing (such as by use of a feed lot or the intensive production of fish or crustaceans in tanks, ponds, dams and the like), but does not include:

(a) the keeping of livestock or poultry intended solely for the personal consumption or enjoyment of the owner or occupier of the land, or

(b) short term feeding or feed lots operated during periods of drought declaration.

"irrigation area" means an irrigation area within the meaning of the Irrigation Act 1912 .
"land degradation" means soil erosion, involving the loss of productive capacity, stream turbidity and siltation, decline and loss of native vegetation or adverse changes in vegetative balance, salinisation of the soil and streams, and includes the deleterious effects on land of pesticides and fertilisers.
"noxious plants" means plants declared under the Noxious Weeds Act 1993 to be noxious plants throughout the whole of the State or the Wellington Council area and, in relation to a part of the land to which this plan applies, includes any plants so declared in relation to that part.
"prescribed streams" means those rivers, creeks, effluents or lakes to which section 26D of the Water Act 1912 applied immediately before its repeal.
"prime crop and pasture lands" means land:

(a) identified as Class 1, Class 2 or Class 3 or as land of merit for special agricultural uses on a map prepared by or on behalf of the Director-General of the Department of Agriculture before the commencement of this plan and deposited in the office of the Council,

(b) identified as Class 1, Class 2 or Class 3 or as land of special agricultural use on a map prepared after the commencement of this plan by or on behalf of the Director-General of the Department of Agriculture, marked “ Agricultural Land Classification Map ” and deposited in the office of the Council, or

(c) which the Director-General of the Department of Agriculture has certified in writing to the Council to be prime crop and pasture land for the purposes of this plan and is identified on a map deposited in the office of the Council.

"protected land" means land within a catchment area shown as generally having a surface the slope of which is in excess of 18 degrees from the horizontal on a map prepared under section 21B (1) of the Soil Conservation Act 1938 .
"recreation area" means:

(a) a children’s playground,

(b) an area used for sporting activities or sporting facilities,

(c) an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or

(d) an area used by a body of persons associated together for the purpose of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include racecourses and showgrounds.
"relic" means any deposit, object or material evidence relating to settlement of the Wellington Council area which is more than fifty years old.
"renovation", in relation to a building or work, means:

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

(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work, which may consist of or include changes that involve the repair or the painting, plastering or other decoration of the outside of the building.

"stock and sale yard" means stock saleyard.
"the map" means the map marked “ Wellington Local Environment Plan 1995 ”, as amended by the maps, or sheet 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.

Wellington Local Environmental Plan 1995 (Amendment No 2)

(2) A reference in this plan:

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

(c) to land within a zone specified in the Table to clause 10 is a reference to land shown on the map in the manner indicated in clause 9 as the means of identifying land of the zone so specified.

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