New South Wales Consolidated Regulations

WALCHA LOCAL ENVIRONMENTAL PLAN 2000 - REG 5

5 Definitions

(1) In this plan:
"alter" a heritage item, building or work 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 not including maintenance.

"appointed day" means the day on which this plan was exhibited, being 12 October 1995.
"animal boarding establishment" means a building or place used for the commercial boarding, breeding, keeping or training of animals, and includes a riding school and veterinary clinic.
"arterial road" means any existing road indicated on the map by a continuous red band on white between firm black lines.
"conservation plan" means a document establishing the significance of a heritage item and identifying the policies that are appropriate to enable that significance to be retained in its future use and development.
"Council" means the Council of Walcha.
"demolition" of a heritage item, building, work, relic or place means the damaging, defacing, destroying, pulling down or removal of the heritage item, building, work, relic or place in whole or in part.
"existing holding" means:

(a) except as provided by paragraph (b), a lot, portion or parcel of land that existed on 12 October 1995, or

(b) if the same person owned two or more adjoining or adjacent lots, portions or parcels of land on 12 October 1995 that had been acquired at the same time before that day, the land comprised in those lots, portions or parcels.

"flood liable land" means land liable to be flood inundated at or below the probable maximum flood event or land determined by geomorphological or hydrological methods to be subject to a probable maximum flood.
"forestry" means:

(a) the planting or establishing of plantations of trees for commercial purposes, or

(b) the establishment of roads required for the removal of plantation timber or forest products.

"heritage item" means a building, work, relic, tree or place described in Schedule 1.
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"intensive livestock keeping establishment" means a building or place in which or on which cattle, sheep, goats, poultry or other livestock are held for the purpose of nurturing by a feeding method other than natural grazing and, without limiting the generality of the foregoing, includes:

(a) feedlots, and

(b) piggeries, and

(c) poultry farms, and

(d) fish farms (including places used for farming crustaceans and oysters),

but does not include an animal boarding establishment, land used for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land, temporary agistment and feeding arrangements during flood or drought, the hand feeding of stud animals or supplementary feeding.
"maintenance" means the ongoing protective care of the existing detail, fabric, finish or appearance of the outside of a heritage item, building or work.
"prime crop and pasture land" means land identified by the Director-General of Agriculture, either by notification to the Council in writing or on a map prepared by or on behalf of the Director-General of Agriculture, as Class 1, Class 2 or Class 3 agricultural land, or as land of merit for special agricultural uses, but does not include land which the Director-General of Agriculture has notified the Council in writing is not prime crop and pasture land for the purposes of this plan.
"relic" means:

(a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement of the local government area of Walcha, not being Aboriginal habitation, or

(b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of the local government area of Walcha.

"the map" means the set of maps marked “ Walcha Local Environmental Plan 2000 ”.
"timber harvesting" means the felling, harvesting, dressing, preparation or processing of plantation trees and other forest products.
"tree" includes a sapling or a shrub.

(2) In this plan, a reference to destroying a tree includes a reference to ringbarking, cutting down, felling, poisoning, topping, lopping, removing or otherwise injuring a tree.

(3) In this plan, a reference to a map is a reference to a map deposited in the office of the Council.

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