New South Wales Consolidated Regulations

WINDOURAN LOCAL ENVIRONMENTAL PLAN 1999 - REG 5

5 Definitions

(1) In this plan:
"agriculture" means:

(a) horticulture, or

(b) the use of land for any purpose of husbandry, including the keeping or breeding of livestock (exclusive of intensive livestock keeping), poultry or bees and the growing of vegetables, cereals, fibre crops and the like.

"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.
"archaeological site" means land identified as such a site on the map.
"arterial road" means an existing road indicated on the map by heavy broken black lines.
"aquaculture" means the growing and harvesting of fish or shellfish in land based ponds.
"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 alternatively 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 drought.
"caravan park" means land used as a site for moveable dwellings, including tents and caravans and other vehicles used for temporary or permanent accommodation.
"Council" means the Council of the Windouran local government area.
"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.
"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 as at 22 August 1980, or

(b) where, as at 22 August 1980, 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 marked “ Windouran Local Environmental Plan 1999-Flood Liable Land Map ”.
"heritage conservation area" means land shown edged heavy black and marked “heritage conservation area” on the map and includes buildings, works, relics, trees and places situated on or within that 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.
"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 and landscape horticulture.
"integrated housing" means development that consists of:

(a) the subdivision of land into 5 or more allotments each having an area of not less than 232 square metres, 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 fish, 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, and

(c) poultry farms,

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 feed lots operated during periods of declared drought or immediately following bushfire or flood.
"levee" means an earthwork or embankment which forms or is intended to form a structure to control the movement of natural flood water.
"potential archaeological site" means a site shown as such on the map and includes a site know to the Council to have archaeological potential even if it is not so identified and shown.
"prime crop and pasture land" means land within an area identified, on a map prepared by or on behalf of the Department of Agriculture that is deposited in the office of the Council and a copy of which is deposited in an office of the Department of Agriculture, 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 of that Department 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 a showground.

"relic" means any deposit, object or material evidence (such as human remains) relating to:

(a) the use or settlement of the area of Windouran, not being Aboriginal habitation, which is more than 50 years old, or

(b) Aboriginal habitation of the area of Windouran before or after its occupation by persons of European extraction.

"river" means the Billabong Creek or the Edward River.
"sandhill vegetation clearing" means any manner of destruction of trees, shrubs or plants, native vegetation, or dead trees, on a dune consisting of sandmount or other sand, including the cutting, felling, chaining, rolling, ringbarking, poisoning or burning of trees, shrubs or plants, but does not include destruction of noxious weeds or plants or trees that are dead or dangerous.
"wetland" means land which forms a shallow water body when inundated cyclically, intermittently or permanently, being any inundation that determines the types and productivity of soils and the plant and animal communities.
"Whole Farm Plan" means a plan which is prepared in accordance with guidelines issued by the New South Wales Department of Agriculture for such plans.
"the map" means the map marked “ Windouran Local Environmental Plan 1999 ”, 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. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

"tree" includes a sapling, shrub and scrub but does include regrowth of eucalyptus camaldulensis where that regrowth is less than 1.5 metres in height.

(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 other destruction 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 in the zone so specified.

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