New South Wales Consolidated Regulations

WAGGA WAGGA RURAL LOCAL ENVIRONMENTAL PLAN 1991 - REG 5

5 Interpretation

(1) In this plan, except in so far as the context or subject matter otherwise indicates or requires:
"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 1 November 1986.
"arterial road" means an existing road as indicated on the map.
"caravan park" means land used as a site for movable dwellings, including tents and caravans or other vehicles used for temporary or permanent accommodation.
"Council" means the Council of the City of Wagga Wagga.
"demolition", in relation to an item of the environmental heritage, means the damaging, defacing, destruction, pulling down or removal of that item, in whole or in part.
"dual occupancy building" means a building containing 2 dwellings.
"ecologically sustainable development" means development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs (as derived from the Brundtland Report (1990) on Environment and Development). The principles of ecological sustainability are set out in Schedule 1.
"environmentally sensitive land" means land shown cross 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 1 November 1986, or

(b) where, as at 1 November 1986, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the combined area of these lots, portions or parcels as they were as at 1 November 1986.

"flood plain" means the land shown diagonally hatched with black lines on the map, generally indicating the land flooded in the 1974 floods.
"floodway" means the land within the flood plain determined by the Council, in consultation with the Department of Water Resources, as essential to the clear passage of floodwater.
"intensive agricultural pursuit" means market gardening, mushroom growing, fruit growing, flower growing, intensive livestock keeping and similar activities.
"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 purposes of 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 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 or the supplementary or drought feeding of livestock.
"item of the environmental heritage" means a building, work, relic or place of historic, scientific, cultural, social, architectural, archaeological, natural or aesthetic significance to the City of Wagga Wagga as described in a development control plan.
"land degradation" means the decline in quality of natural land resources commonly caused through improper use of land by humans. It encompasses soil degradation and the deterioration of natural landscapes and vegetation. It includes the adverse effects of overgrazing, excessive cultivation, overclearing, erosion, sediment deposition, extractive industries, urbanisation, disposal of industrial wastes, road construction, decline in plant communities and the effect on land on noxious plants and animals.
"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 Fisheries and deposited in an office of the Department of Agriculture and Fisheries (and a copy of which is deposited in the office of the Council), as Class 1, Class 2 or Class 3 or as land of merit for special agricultural uses, but does not include land which the Director-General of the Department of Agriculture and Fisheries 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 promoting the physical, cultural or intellectual welfare of persons within the community,

but does not include a racecourse or a showground.
"relic" has the meanings ascribed to it in section 4 (1) of the Heritage Act 1977 and in the National Parks and Wildlife Act 1974 , but only insofar as it relates to the area of the Council.
"renovation", in relation to a building or work, means:

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

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

"rural small holding" means an allotment of land having an area of less than 200 hectares and not less than 0.6 hectares on which it is intended to erect a dwelling-house or dual occupancy building or on which a dwelling-house or dual occupancy building is erected.
"soil degradation" includes loss of organic matter, decline in soil nutrient level or structure, erosion, adverse changes in salinity, acidity or alkalinity and the effects of toxic chemicals, pollutants and excessive flooding.
"the map" means the map marked “ Wagga Wagga Rural Local Environmental Plan 1991 ”, 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.

Wagga Wagga Rural Local Environmental Plan 1991 (Amendment No 1)

"tree" includes a sapling and a shrub.

(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 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) To the extent that a provision of this plan requires, in relation to land within a specified zone, that a development application for subdivision of any such land disclose the primary purpose for which an allotment to be created by the subdivision is intended to be used, a reference in any subsequent provision of this plan to the purpose for which the allotment is to be used is a reference to the purpose so disclosed.