Broken Hill Local Environmental Plan 1996 (1997 EPI 88)



Part 1 Preliminary
1   What is this plan called?
This plan is called Broken Hill Local Environmental Plan 1996.
2   What is the purpose of this plan?
The general aims of this plan are:
(1)  to encourage the proper management, development and conservation of natural and cultural resources within the City of Broken Hill by protecting, enhancing or conserving:
(a)  places and buildings of archaeological or heritage significance, including Aboriginal relics and places, and
(b)  timber, minerals, soil, water and other natural resources, and
(c)  areas of significance for nature conservation, and
(d)  areas of high scenic or recreational value, and
(2)  to replace the former planning controls with a single local environmental plan to help facilitate growth and development of the City of Broken Hill in a manner which is consistent with the aims specified in Item (1) and which:
(a)  minimises the cost to the community of fragmented and isolated development of rural land, and
(b)  facilitates the efficient and effective delivery of amenities and services, and
(c)  facilitates a range of residential and employment opportunities in accordance with demand, and
(d)  ensures that the efficiency of arterial roads is not adversely affected by development on adjacent land, and
(e)  provides for orderly development of tourist activities, and
(3)  to reclassify land vested in or under the control of the Council in accordance with Part 2 of Chapter 6 of the Local Government Act 1993 as “operational land” (land which need not be retained for use by the general public).
3   Where does this plan apply?
This plan applies to all land within the City of Broken Hill, as shown on the map, with the boundaries as indicated on the map.
4   How does this plan affect other plans?
On the day this plan is published in the Government Gazette, the following are repealed:
(a)  Interim Development Order No 1—City of Broken Hill,
(b)  all local environmental plans and all other deemed environmental planning instruments that, immediately before that day, applied to land within the City of Broken Hill, but only to the extent that they so applied.
5   What do terms in this plan mean?
In this plan:
abattoir means a building or place used for the slaughter of animals, whether or not animal by-products are processed, manufactured or distributed there and includes a knackery.
advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instruction, directions or the like whether or not the display includes the erection of a structure or the carrying out of work.
advertising structure means a structure used or to be used for the display of an advertisement.
aerodrome has the meaning ascribed to it in the Air Navigation Regulations made pursuant to the Commonwealth Air Navigation Act 1920.
agriculture means:
(a)  the cultivation of crops, including cereals, fruit, vegetables and flowers, or
(b)  the keeping or breeding of livestock or bees, or
(c)  the cultivation of plants in a wholesale plant nursery,
but does not include the use of land for an intensive livestock keeping establishment.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring for animals, for commercial purposes, and includes a riding school.
appointed day means the day on which this plan takes effect (which is the day on which it is published in the Government Gazette).
arterial road means an existing road indicated on the map by heavy broken black lines.
boarding house means a building or place, where accommodation, together with meals and laundry facilities, are provided, but only to residents, and which is not licensed to sell liquor.
bulky goods sales room or showroom means a building or place used for the sale by retail or auction, the hire or the display of items (whether goods or materials) which are of such a size, shape or weight as to require:
(a)  a large area for handling, storage or display, or
(b)  direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase, and which may also be used for the sale of motor powered or motor drawn vehicles and agricultural or industrial plant or machinery, but is not used for any sale of foodstuffs or clothing.
caravan park means land used as a site for moveable dwellings, including tents and caravans and other vehicles used for temporary or permanent accommodation.
child care centre means a building or place used for the purpose of supervising or caring for six or more children under the age of six years and includes facilities known as a long day care centre, preschool, occasional care centre, children’s neighbourhood centre, or multipurpose child care centre, but does not include a home based care establishment.
commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause.
community facility means a building or place owned or controlled by the Council, any other public authority or a body of persons which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place elsewhere specifically defined in this clause.
Council means the Broken Hill City 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.
Department means the Department of Urban Affairs and Planning.
depot means a building or place used only for the storage of plant, machinery, materials or goods used or intended to be used by the owner or occupier of the building or place, but does not include a building or place elsewhere specifically defined in this clause.
dual occupancy development means development to create two dwellings, whether attached or detached.
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 at the appointed day, or
(b)  where, as at the appointed day, 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.
extractive industry means:
(a)  an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried on, and
(b)  includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.
extractive material means sand, gravel, clay, turf, soil, rock, stone or any similar substance extracted for the purpose of refinement to obtain a metal or mineral.
heritage conservation area means land marked “Heritage Conservation Area” on the map and includes buildings, works, relics, trees and places situated on or within that land.
heritage item means 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.
home occupation means an occupation carried on in a dwelling-house or in a dwelling in a residential flat building by the permanent residents of the dwelling-house or dwelling which does not involve:
(a)  the registration of the building under the Factories, Shops and Industries Act 1962, and
(b)  the employment of persons other than those residents, or
(c)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, or
(d)  the display of goods, whether in a window or otherwise, or
(e)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on the dwelling-house or dwelling to indicate the name and occupation of the resident).
horticulture means fruit farming and vegetable farming, and includes plant propagation, plant breeding, ornamental floriculture, landscape horticulture and turf farming.
institution means a hospital within the meaning of the Mental Health Act 1990 or a penal or reformative establishment.
intensive livestock keeping establishment means a building or place in which or on which cats, cattle, dogs, fish, goats, sheep, 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)  feedlots, and
(b)  piggeries, and
(c)  poultry farms, and
(d)  fish farming (including farming of 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, and does not include a building or place used for short-term feeding or feedlots operated during periods of declared drought, or at times of other natural disasters such as fire or flood.
manufactured home means a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling:
(a)  that comprises one or more major sections that are each constructed, and assembled, away from the manufactured home estate on which it will be erected and transported to the estate for installation on the estate, and
(b)  that is not capable of being registered under the Traffic Act 1909,
and includes any associated structures that form part of the dwelling.
manufactured home estate means land on which manufactured homes are, or are to be, erected.
offensive industry or storage establishment means an industry which, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from buildings.
place of worship means a building or place used for the purpose of religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.
plant nursery means a building or place used for both the growing and selling by retail of plants, whether or not landscape supplies (including earth products) and other landscape and horticultural products are sold there.
potential archaeological site means land identified as such a site on the map or land known to the Council to have archaeological potential even if it is not so identified.
public utility undertaking means any undertaking carried on by or by an authority of any Government department, or in pursuance of any Commonwealth or State Act, for the purpose of providing:
(a)  railway, road, water or air transport, or wharf or river services or facilities, or
(b)  sewerage or drainage services, or
(c)  water, hydraulic power, electricity or gas, or
(d)  telecommunications facilities, or
(e)  paramedical facilities.
recreation area means:
(a)  a children’s playground, or
(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)  the Council, or
(ii)  a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community,
but does not include a racecourse, a showground, or the activity of paintball.
relic means any deposit, object or material evidence (which may consist of human remains) relating to:
(a)  the use or settlement of the area of the City of Broken Hill, not being Aboriginal habitation, which is more than 50 years old, or
(b)  Aboriginal habitation of the area of the City of Broken Hill before or after its occupation by persons of European extraction.
residential flat building means a building containing three or more dwellings.
roadside stall means a place used for the purpose of offering for sale by retail agricultural goods produced on the allotment on which the place is located or on allotments in the locality, but only where the building, structure or device used for offering produce for sale is of a temporary nature (that is, capable of being erected or dismantled in 24 hours).
rural industry means:
(a)  the handling, selling, treating, processing or packing of rural products, and
(b)  the regular servicing or repairing of plant or equipment used for the purpose of agriculture, aquaculture or a rural industry in the locality.
rural tourist facility means a building or place on a farm (which may include a refreshment room and limited tourist accommodation) which is used to provide tourists education and experience concerning the growing, production or processing of rural products which are grown or cultivated on that farm (for the purpose of this definition, a farm is an area of adjoining or adjacent land held in the same ownership and in continuous use for agricultural, forestry or pastoral purposes).
service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oils and other petroleum products, whether or not the building or place is also used for any one or more of the following:
(a)  the hire of trailers,
(b)  the sale by retail of spare parts and accessories for motor vehicles,
(c)  the washing and greasing of motor vehicles,
(d)  the repairing and servicing of motor vehicles,
(e)  the retail sale or hire of other goods within an ancillary area.
shop means a building or place used for selling items, whether by retail or auction, for hiring items or for displaying items for the purpose of selling or hiring them, whether the items are goods or materials.
stables means a building and yards used for the accommodation of one or more horses, cattle, donkeys or the like.
stock and saleyard means a building or place used for offering livestock or poultry for sale.
the map means the sheets of the map marked “Broken Hill Local Environmental Plan 1996” kept at the offices of the Council, as amended by the maps (or specified sheets of maps) that are also kept at those offices and are marked as follows:
Editorial 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.
Broken Hill Local Environmental Plan 1996 (Amendment No 1)
Broken Hill Local Environmental Plan 1996 (Amendment No 2)
tourist accommodation means a building or buildings predominately used for the temporary accommodation of tourists, visitors and travellers, which may have facilities for the convenience of patrons, such as restaurants, convention areas and the like, but does not include a building or place elsewhere defined in this clause or a building or place used for a landuse elsewhere defined in this clause.
tourist facilities means an establishment providing for holiday accommodation or recreation, and may include a boat shed, boat landing facilities, a camping ground, a caravan park, cultural and historical interpretative centres, holiday cabins, a hotel, a house boat, a marina, a motel, a playground, a refreshment room, art, craft and souvenir outlets, water sport facilities or a club used in conjunction with any such activities.
transport depot means a building or place used for the parking or storage of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop.
turf farming means the commercial cultivation, removal from land and sale of turf.
vehicle repair station means a building or place used for carrying out repairs or the selling and fitting of accessories to vehicles or agricultural machinery in conjunction with repairs.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for treatment.
warehouse or distribution centre means any building or place used mainly for:
(a)  the storing of goods, or
(b)  handling or displaying items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale, to the public from the building or place.
cl 5: Am 3.12.1999; 16.3.2001.
6   What Model Provisions are adopted?
(1)  The Environmental Planning and Assessment Model Provisions 1980 are standard provisions for adoption by environmental planning instruments, such as this plan.
(2)  This plan adopts those model provisions, except for:
(a)  the definitions of words defined in clause 5 of this plan, and
(b)  clause 31 relating to development below high water mark.
7   Who is the Consent Authority?
The Council is the consent authority for the purposes of this plan.
Part 2 General zoning controls
8   What zones apply?
Land is included in one of the following zones which are shown on the map as follows:
Zone 1 (a) (General Rural Zone)—edged heavy black and lettered “1 (a)”.
Zone 1 (c) (Rural Small Holdings Zone)—edged heavy black and lettered “1 (c)”.
Zone 1 (m) (Mining Zone)—edged heavy black and lettered “1 (m)”.
Zone 2 (c) (City Zone)—edged heavy black and lettered “2 (c)”.
Zone 7 (a) (Environment Protection (Regeneration Reserve) Zone)—edged heavy black and lettered “7 (a)”.
9   What does the development control table mean?
The following development control table gives the objectives of each zone and, for land within each zone, the development that may be carried out without development consent or only with development consent and the development that is prohibited.
The Council must not grant development consent if the proposed development does not satisfy the objectives of the zone in which it is intended to be carried out.
Development control table
Zone 1 (a)   (General Rural Zone)
1   Objectives of the zone
The objective of this zone is to promote the proper management and utilisation of resources by:
(a)  protecting, enhancing and conserving:
(i)  agricultural land in a manner which sustains its efficient and effective agricultural production potential, and
(ii)  soil stability by controlling and locating development in accordance with soil capability, and
(iii)  valuable deposits of minerals, coal, petroleum and extractive materials by controlling the location of development for other purposes in order to ensure the efficient extraction of those deposits, and
(iv)  trees and other vegetation in environmentally sensitive areas where the conservation of the vegetation is significant to scenic amenity, recreation or natural wildlife habitat or is likely to control land degradation, and
(v)  water resources for use in the public interest, and
(vi)  areas of significance for nature and geological conservation, including areas with rare plants, wetlands and significant habitat, and
(vii)  places and buildings of archaeological or heritage significance, including Aboriginal relics and places, and
(b)  preventing the unjustified development of agricultural land for purposes other than agriculture, and
(c)  facilitating farm adjustments, and
(d)  minimising the cost to the community of:
(i)  fragmented and isolated development of rural land, and
(ii)  providing, extending and maintaining public amenities and services, and
(e)  providing land for future urban development, for rural residential development and for development for other non-agricultural purposes, in accordance with the need for that development.
2   Development allowed without development consent
Development for the purpose of:
agriculture.
3   Development allowed only with development consent
Development not included in item 2 or 4.
4   Development which is prohibited
Development for the purpose of:
motor showrooms; residential flat buildings; shops (other than general stores not exceeding 200 square metres in gross floor area).
Zone 1 (c)   Rural Small Holdings Zone
1   Objectives of the zone
The objective of this zone is to promote the development of land identified as suitable for:
(a)  rural residential or hobby farm development, or
(b)  a range of industrial, storage or intensive livestock keeping purposes which are compatible with the environmental capabilities of the land and which are unlikely to affect land or development in the vicinity adversely, or
(c)  the creation of small holdings to allow an attractive rural lifestyle.
2   Development allowed without development consent
Any exempt development.
Development for the purpose of:
Agriculture.
3   Development allowed only with development consent
Development not included in item 2 or 4.
4   Development which is prohibited
Development for the purpose of:
boarding houses; commercial premises; hotels motels; motor showrooms; residential flat buildings; road transport terminals; shops (other than general stores not exceeding 200 square metres in gross floor area).
Zone 1 (m)   (Mining Zone)
1   Objectives of the zone
The objectives of this zone are:
(a)  to promote the efficient extraction of metals and minerals from proven and potential ore bearing ground through predominantly traditional underground mining methods, and
(b)  to facilitate the efficient extraction of metals and minerals by open cut mining where:
(i)  the land has been declared unsafe for underground mining, and
(ii)  the reclamation of the land would enhance the potential reuse of the land, and
(c)  to ensure that works associated with mining do not interfere with the natural environment, particularly surface water run-off systems and windblown dust, and
(d)  to facilitate conservation, education, heritage or tourist development related to mining activities in a manner compatible with:
(i)  the continued extraction of metals and minerals, and
(ii)  the environmental capabilities of the land, and
(iii)  the cost of providing public services or amenities.
2   Development allowed without development consent
Development for the purpose of:
agriculture.
3   Development allowed only with development consent
Development for the purpose of:
advertisements; educational establishments; extractive industries; industries; junk yards; mines; road transport terminals; tourist facilities; warehouses.
4   Development which is prohibited
Development not included in item 2 or 3.
Zone 2 (c)   City Zone
1   Objectives of the zone
The objective of this zone is to promote development in the City of Broken Hill in a manner which is compatible with its urban function.
2   Development allowed without development consent
Any exempt development.
3   Development allowed only with development consent
Development not included in item 2 or 4.
4   Development which is prohibited
Development for the purpose of:
abattoirs; extractive industries; intensive livestock keeping establishments; mines; offensive or hazardous industries.
Zone 7 (a)   (Environment Protection (Regeneration Reserve) Zone)
1   Objectives of the zone
The objectives of this zone are to identify and protect land which is environmentally sensitive and, in particular:
(a)  to protect significant wildlife habitats, and
(b)  to preserve hillscapes and ridgelines, and
(c)  to promote the preservation, conservation and enhancement of major landscape features and indigenous fauna and flora in the City of Broken Hill, and
(d)  to reduce dust nuisances and erosion.
2   Development allowed without development consent
Nil.
3   Development allowed only with development consent
Development for the purpose of:
rehabilitation and conservation works.
4   Development which is prohibited
Development not included in item 3.
cl 9, table: Am 3.12.1999.
Part 3 Special provisions
10   What must Council consider, other than zone objectives, when deciding whether to consent to development?
In deciding whether to consent to development of land, the Council must consider:
(a)  the present use of the land and the potential of such of the land as is prime crop and pasture land for sustained agricultural production, and
(b)  the effect of the proposed development on vegetation, timber production, land capability (including soil resources and soil stability) and water resources (including the quality and stability of water courses and ground water storage and riparian rights), and
(c)  the effect of the proposed development on the future recovery from known or prospective areas of valuable deposits of minerals, coal, petroleum, sand, gravel or other extractive materials, and
(d)  the protection of areas of significance for nature conservation or of high scenic or recreational value, and of places and buildings of archaeological or heritage significance (including Aboriginal relics and places), and
(e)  the cost of providing, extending and maintaining public amenities and services to buildings or works that will result from carrying out the development, and
(f)  future expansion of settlements in the locality.
10A   What is exempt and complying development?
(1)  Development of minimal environmental impact listed as exempt development in Development Control Plan No 9—Exempt and Complying Development, as adopted by the Council on 18 December 2002 is exempt development despite any other provision of this plan.
(2)  Development listed as complying development in Development Control Plan No 9—Exempt and Complying Development, as adopted by the Council on 18 December 2002 is complying development if:
(a)  it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b)  it is not an existing use, as defined in section 106 of the Act.
(3)  Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 9—Exempt and Complying Development, as adopted by the Council on 18 December 2002.
(4)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 9—Exempt and Complying Development as adopted by the Council, as in force when the certificate is issued.
cl 10A: Ins 24.12.1999. Am 22.8.2003.
11   Subdivision of land generally
(1)  A person must not subdivide land to which this plan applies except with the consent of the Council.
(2)  Before granting consent for subdivision, the Council must consider:
(a)  any impact the development will have on the future or current use of adjoining land, and
(b)  whether an adequate water supply is available, and
(c)  what services are or may be required, and
(d)  any natural hazards likely to affect the development of other land as a result of the development, and
(e)  what effect the development might have on water quality, and land with environmental or conservation value, and
(f)  the effect the development will have on aquatic fauna or habitat and the natural flow of any watercourse or stream, and
(g)  the effect the development will have on riparian vegetation and habitat, and
(h)  whether the development will contribute to ribbon development or substantially change the appearance and/or character of the amenity of the area, and
(i)  the effect of the proposed development on traffic, and whether adequate vehicular and pedestrian access is available to the site.
(3)  When considering these matters, the Council must also take into account any measures that may be taken to minimise any adverse impacts and also whether, in its opinion, the benefits of the development outweigh any adverse effect.
12   What is the minimum size for new allotments in Zone 1 (a)?
The following requirements apply to the creation of a new allotment proposed to be used for the purpose of agriculture in Zone 1 (a):
(1)  where the allotment has no dwelling erected on it, the allotment may be of any size which, in the Council’s opinion is adequate for the purpose for which the allotment is to be used, and
(2)  where there is a dwelling already built on it, the allotment is to have an area of not less than 40 hectares.
13   Dwelling-houses within Zone 1 (a)
(1)  In this clause, vacant land means land on which no dwelling is erected.
(2)  A person must not erect a dwelling-house on vacant land within Zone 1 (a) unless:
(a)  the land comprises:
(i)  an existing holding, or
(ii)  an allotment created in accordance with this plan for a purpose other than agriculture, or
(iii)  an allotment created as a result of subdivision in accordance with clause 12, or
(iv)  an allotment created in accordance with a consent granted before the appointed day, being an allotment on which a dwelling-house could have been lawfully erected immediately prior to the appointed day, and
(b)  the land has an area of not less than 40 hectares, and
(c)  the use of the dwelling-house will be ancillary and incidental to the present or intended development of the land.
(3)  One additional dwelling-house may, with the consent of the Council, be erected in land to which this clause applies which has an area of not less than 40 hectares for each 40 hectares of the land if the Council is satisfied that each such additional dwelling-house will be actually occupied by a person employed or engaged by the owner of the land in the use, for the purpose of agriculture, of that land or land belonging to that owner which adjoins or is adjacent to that land.
14   What general requirements apply to subdividing land in Zone 1 (c)?
(1)  Any lots created in Zone 1 (c) must each have an area of not less than 4000 square metres.
(2)  When considering the design of a proposed subdivision of land within Zone 1 (c), the Council must have regard to:
(a)  the suitability of the land for future urban development, and
(b)  the proposed location of dwellings, and how they will relate to each other and to the topography of the land, and
(c)  whether the subdivision will minimise access that will be required to arterial roads, and
(d)  whether each allotment to be created by the subdivision will be suitable for the on-site disposal of private wastes, and
(e)  the likely impact of the development on water quality, land degradation, and habitat destruction, and other environmental impacts that may result from the development, and
(f)  whether each allotment to be created by the subdivision will be suitable for the economic provision of services.
15   Subdivision for the purpose of dwelling-houses in Zone 2 (c)
(1)  The Council must not consent to a subdivision of land within Zone 2 (c) to create an allotment that, in the opinion of the Council, is intended to be used for a dwelling-house, unless the allotment has an area of 230 square metres or more.
(2)  Despite subclause (1), the Council may consent to a subdivision of land within Zone 2 (c) that creates an allotment having an area of less than 230 square metres that, in the opinion of the Council, is intended to be used for a dwelling-house, if the Council is satisfied that other land is to be provided and developed for the communal use of future occupiers of allotments created by the subdivision.
16   Erection of additional dwelling-houses within Zone 1 (a) or 1 (c)
(1)  The Council may consent to the erection of a second dwelling-house on land within Zone 1 (a) or 1 (c) (the alteration of an existing dwelling-house to create a second dwelling-house) where:
(a)  no additional access to a public access to a public road is required from the land,
(b)  separate ownership of the land on which the additional dwelling house is located would require the lodgment of, and approval by the Council of, a separate subdivision application,
(c)  in the opinion of the Council, the dwelling house to be erected on the land will not interfere with the purpose for which the land is being used,
(d)  the land is not prime crop and pasture land, and
(e)  in the case of land within Zone No 1 (a), a dwelling house could be erected on the land in accordance with clause 13, and
(f)  in the case of land within Zone No 1 (c), the Council is satisfied that adequate provision is made for the disposal of effluent.
(2)  Except as provided by this plan, the Council must not consent to the subdivision of land to create separate land title for a second dwelling-house erected or created under this clause.
17   What types of development must be advertised?
The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of development specified in Schedule 2 in the same way as those provisions apply to and in respect of designated development.
18   Development along arterial roads
(1)  The Council must not consent to development on land which has a frontage to an arterial road, unless:
(a)  access to that land is provided by a road other than the arterial road, wherever practicable, and
(b)  in the opinion of the Council, the safety and efficiency of the arterial road will not be adversely affected by:
(i)  the access to the site of the proposed development, or
(ii)  the emission of smoke or dust from the proposed development, or
(iii)  the nature, volume or frequency of vehicles using the arterial road to gain access to the site of the proposed development.
(2)  The Council must not consent to any development of land within Zone 1 (a) or 1 (c) Schedule 3 if the development will have direct access to an arterial road unless the application has been assessed having regard to:
(a)  the nature, scale and function of any building erected on the land, and
(b)  the minimisation of distraction to drivers using the road, and
(c)  the maximisation of sight distances for drivers using the roads.
Part 4 Heritage provisions
19   Protection of heritage items and relics
(1)  The following development may be carried out only with development consent:
(a)  demolishing, defacing, damaging or moving a heritage item, or
(b)  altering a heritage item by making structural changes to its exterior, or
(c)  altering a heritage item by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, or
(d)  moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or
(e)  erecting a building on, or subdividing, land on which a heritage item is located.
(2)  Development consent is not required by this clause if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item.
(3)  When determining a development application required by this clause, the Council must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item.
Note—
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
cl 19: Am 2008 (571), Sch 3.24 [1].
20   Development in the vicinity of heritage items, heritage conservation areas, archaeological sites or potential archaeological sites
The Council must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item, heritage conservation area, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.
21   Notice of certain heritage development applications
Sections 84, 85, 86, 87 (1) and 90 of the Act (which provide for the giving of notice, and for the making and consideration of submissions, about proposed development) apply to the demolishing, defacing or damaging of a heritage item or a building, work, relic, tree or place within a heritage conservation area (and to the use of a building or land referred to in clause 23 for a purpose which, but for that clause, would be prohibited by this plan) in the same way as those provisions apply to designated development.
22   (Repealed)
cl 22: Rep 2008 (571), Sch 3.24 [2].
23   Conservation incentives
(1)  The Council may grant consent to the use, for any purpose, of a building that is a heritage item or is within a heritage conservation area, or of the land on which the building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:
(a)  the proposed use would not adversely affect the heritage significance of the item or heritage conservation area or the amenity of the heritage conservation area, and
(b)  the conservation of the building depends on the granting of consent.
(2)  When considering an application for consent to erect a building on land on which a heritage item is located or on land within a heritage conservation area, the Council may, for the purpose of determining:
(a)  the floor space ratio, and
(b)  the number of parking spaces to be provided on the site,
exclude the floor space of the building from its calculation of the floor space of the buildings erected on the land, but only if the Council is satisfied that the conservation of the building depends on it making the exclusion.
24   Development of known or potential archaeological sites
(1)  The Council may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974) or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:
(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and
(b)  except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and
(c)  it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.
(2)  The Council may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:
(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and
(b)    (Repealed)
(c)  it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
cl 24: Am 2008 (571), Sch 3.24 [3] [4].
Part 5 Miscellaneous
25   Can school facilities and sites be used for community purposes?
(1)  If land to which this plan applies is used for the purpose of an educational establishment, the site and facilities of the establishment may, with the consent of the Council, be used for the purpose of meeting rooms, public halls, public libraries, entertainment, sport or recreation or for the purpose of any other community activity, whether or not any such use is a commercial use of the land.
(2)  Nothing in this clause requires consent for the carrying out of development on any land if that development could, but for this clause, be carried out on that land without consent.
26   Advertising structures
A person must not, except with the consent of the Council, erect an advertising structure on land to which this plan applies.
27   Is development allowed on travelling stock routes?
The Council must, before determining an application for consent to carry out development on land that is part of a travelling stock reserve, within the meaning of the Rural Lands Protection Act 1998, take into consideration:
(a)  existing arrangements for use and occupation of that travelling stock reserve under Divisions 5 and 6 of Part 8 of the Rural Lands Protection Act 1998, and
(b)  any requirements of the Rural Lands Protection Board in which that travelling stock reserve is vested.
Note—
The occupation and use of travelling stock reserves is subject to reserve use and stock permit requirements under Divisions 5 and 6 of Part 8 of the Rural Lands Protection Act 1998.
cl 27: Am 1998 No 143, Sch 6.2. Subst 2008 (571), Sch 3.24 [5].
28   What development is allowed near aerodromes?
(1)  A person must not, on land shown crosshatched on the map:
(a)  erect a building of a height that exceeds the limitation specified for the land by the map marked “Broken Hill Local Environmental Plan 1996—Height Limitation Map” kept in the office of the Council, or
(b)  carry out development for the purposes of:
(i)  a dam or reservoir, or
(ii)  the handling or storage of grain, or
(iii)  the disposal of refuse, or
(iv)  a sewage treatment plant or effluent ponds, or
(v)  an abattoir, or
(vi)  a stock yard, or
(vii)  the provision or enhancement of habitat likely to attract birds which may be a hazard to aircraft, or
(viii)  any other land use which, as a result of the creation or disposal of waste foodstuff, could be expected to attract birds,
except with the consent of Council.
(2)  An application made for development consent to carry out any development on land to which the Obstacle Limitation Plan applies must be referred by the Council to Airservices Australia for comment where the development proposed relates to a building or proposed building that exceeds the height specified for the land in the Obstacle Limitation Plan.
(3)  In considering whether to grant consent to development referred to in subclause (1), the Council must take into account any comment furnished by Airservices Australia within 28 days after referral of the application.
(4)  In this clause, Obstacle Limitation Plan means the document of that name proposed for land within the boundary of Broken Hill by Airservices Australia and deposited in the office of the Council.
29   What sound insulation of buildings is required near aerodromes?
(1)  A person must not, without the consent of the Council, erect a building on land for which an Australian Noise Exposure Forecast prepared by Airservices Australia is available from the office of the Council.
(2)  The Council must not grant consent to the erection of a building on any such land unless it is satisfied that measures will be taken:
(a)  which accord with the provisions of the code known as AS 2021—1994 entitled “Acoustics-Aircraft noise intrusion—Building siting and construction published by the Standards Australia, and
(b)  which, in the opinion of the Council, are adequate for the insulation of the building from aircraft noise.
30   Reclassification of public land as operational land
The land specified in Schedule 4 is reclassified as operational land for the purposes of the Local Government Act 1993.
31   What special provisions apply to the temporary use of land?
Despite any other provision of this plan, the Council may grant consent to the carrying out of development on land for any purpose (not being designated development) for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.
32   What activities of government instrumentalities are not affected by this plan?
(1)  This plan does not prohibit, restrict or require development consent for the use of land by a public authority for the purpose of roads, drainage or public utility undertakings.
(2)  This clause does not affect the adoption by this plan of clause 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.
33   Additional uses of land
Despite the development control table, development may be carried out, with the consent of the Council, in accordance with the following Table:
Table
Address
Land description
Development and conditions (if any)
Area commonly known as “Old North Dump”.
Lot 96 DP 757298 (Reserve 13716) and part of Reserve 5498, Parish of Picton, County of Yancowinna as shown cross-hatched on the map marked “Broken Hill Local Environmental Plan 1996—Amendment No 6” deposited with the Council.
Development for the purpose of archaeological excavations.
cl 33: Ins 11.2.2005.
Schedule 1 Heritage items
(Clause 5)
1
76–78 Argent Street
Duke of Cornwall Hotel
2
94–96 Argent Street
Hairdressers and Dwelling
3
98 Argent Street
Barrier Lodging House
4
100–118 Argent Street
Tourist Lodge
5
158–162 Argent Street
Shop—former Nestle Warehouse
6
164 Argent Street
Shop—Assemblies of God
7
166–170 Argent Street
Shop—Spicers Office Equipment
8
176–178 Argent Street
Shop—Austen Brown Thompson Solicitors
9
180–188 Argent Street
Shops—A.B.T., Shannon Electrics, Southon TV
10
190 Argent Street
Shop—Dr. Gan
11
192–196 Argent Street
Shop—B.H. Lifeline
12
198–200 Argent Street
Shop—Dry Cleaner
13
202 Argent Street
Shop—Snack Bar
14
204–218 Argent Street
Barrier Social Democratic Club
15
228–232 Argent Street
Shop—Pizza Hut (formerly Dryens)
16
236 Argent Street
War Memorial Statue
17
240 Argent Street
Court House
18
248 Argent Street
Technical College
19
252 Argent Street
Police Station
20
256 Argent Street
Town Hall
21
260 Argent Street
Post Office
22
320 Argent Street
Royal Exchange Hotel
23
322 Argent Street
Shop—Silver City Milk Bar
24
324–330 Argent Street
Shops—Exchange Arcade
25
332–336 Argent Street
Shop—Dryen’s Pellew & Moore
26
342–348 Argent Street
Shops—Clothing, Chemist, Building Society, Gift
27
350–352 Argent Street
Shops—former Royal Hotel, Travel Agent,
28
352–354 Argent Street
Menswear
29
358–362 Argent Street
Shops—City Centre
30
364–366 Argent Street
Shops—Footwear, Toy Shop
31
374–376 Argent Street
Shop—Fosseys
32
378–380 Argent Street
Shops—Flower, Photography
33
384–386 Argent Street
Shop—Cuban Radio
34
394–400 Argent Street
West Darling Historic Hotel
35
402 Argent Street
Silver City Workingman’s Club
36
404–408 Argent Street
former Walter Sully Emporium
37
428 Argent Street
Silver King Hotel
38
466 Argent Street
Old Willyama Hotel & Motor Inn
39
75–77 Argent Street
Daydream Motel and Apollyon Restaurant
40
79–85 Argent Street
Shops—Darts Corner
41
105–117 Argent Street
Shop—Treloar & Sons
42
119–127 Argent Street
Shop—B.H. Lifeline
43
129 Argent Street
Shop—Butcher
44
135–143 Argent Street
Shop—Schinellas
45
157 Argent Street
Silver Spade Hotel
46
163 Argent Street
Shop—Broken Hill Music, Warehouse
47
171 Argent Street
Shops—Automotive Spares, Restaurant
48
183 Argent Street
National Parks Regional Office
49
185–193 Argent Street
Shops—Fish & Chip, Electrical, Offices
50
195 Argent Street
Shop—Second Hand Goods
51
197–199 Argent Street
Shop—Hobbies and Electronics
52
201–205 Argent Street
Shop—Dressmaker, Paint
53
207–213 Argent Street
Shop—Salvation Army Opportunity Shop
54
217 Argent Street
Neville Spencer Financial Consultants; Hardcastle & Richards
55
221 Argent Street
Shop—Church Group Meeting Rooms
56
227 Argent Street
Palace Hotel
57
229 Argent Street
Office—Argent House
58
231–235 Argent Street
Shops—Flower, Accountant
59
237–247 Argent Street
Carrington Hall & Chambers
60
249–281 Argent Street
Shops—Optometrist, Insurance, Bank, Offices
61
283–295 Argent Street
Shops—Pirie Building
62
309 Argent Street
Shops—Art Gallery, Book
63
311 Argent Street
Shop—Grand Private Hotel
64
325 Argent Street
Shops—Wendt’s Building
65
329–345 Argent Street
Shops—Newsagent, Clothing, Cafe, Jeweller, Shoe
66
336–338 Argent Lane (Gawler Place)
Progressive Press
67
330–332 Argent Lane (Gawler Place)
Sample Rooms
68
342 Argent Lane
G & R Wills & Co. Warehouse
69
(Gawler Place)
 
70
347 Argent Street
Theatre Royal Hotel
71
351–355 Argent Street
Shops—Cafe, Jeweller, Sunglass
72
373 Argent Street
Shops—Tattersalls House
73
375–381 Argent Street
Shops—Oriental Arcade
74
383–389 Argent Street
Shops—Estate Agent, Computer, Jeweller
75
393 Argent Street
Astra House (former Hotel)
76
395–397 Argent Street
Shop—Restaurant
77
399–403 Argent Street
Shops—R.S.L.
78
405–409 Argent Street
Shops—Butcher, Gift
79
411–413 Argent Street
Shop/Offices
80
415 Argent Street
Shop—Pizza Bar
81
419 Argent Street
Shop—Hairdressers
82
423–425 Argent Street
Shop—Oceania Restaurant & Pussycat Restaurant
83
431–437 Argent Street
Shops & Clubrooms
84
453 Argent Street
Residential Dwelling
85
426 Blende Street
Centennial Hotel
86
352 Blende Street
Dalgety Bennetts Farmers
87
336–338 Blende Street
Shop—Northern Warehouse
88
246 Blende Street
AMA Band Hall
89
244 Blende Street
Residential—Trades Hall Trust
90
34 Sulphide Street
Trades Hall
91
Blende Street
Sulphide Street Station (Railway Museum)
92
426 Blende Street
former Centennial Hotel & Sheds to Beryl St
93
422–424 Blende Street
Elders
94
349 Blende Street
YWCA
95
329–331 Blende Street
Pellew & More
96
249 Blende Street
Charles Rasp Memorial Library
97
231 Blende Street
Broken Hill Water Board Offices
98
179 Blende Street
Barrier Daily Truth Offices
99
159 Blende Street
Black Lion Inn
100
24 Bromide Street
Ant Hill Gallery
101
32–34 Chloride Street
CES Offices
102
4–10 Chloride Street
Shops (Wendt’s Building)
103
2 Chloride Street
former R.S.L. Building
104
Crystal Street
Railway Station
105
Off Crystal Steet
Old Sydney Railway Station (Adj Prop Square)
106
336 Crystal Street
former Boarding House
107
160 Crystal Street
Bonds Store
108
90–92 Crystal Street
Residential (former Miners Arms Hotel)
109
82 Crystal Street
Warehouse—Boral Tyres
110
319 Cobalt Street
YMCA
111
397 Cobalt Street
Residence (formerly Imperial Hotel)
112
22 Delamore Street
Shop & Warehouse (Storefront to Iodide St)
113
1 Oxide Street
Shop—Silver City Chinese Restaurant (former Hotel)
114
2 Oxide Street
Crown Hotel
115
29–39 Oxide Street
Shops
116
55–57 Oxide Street
Shop—Disposals
117
73 Oxide Street
Shop—The International Store
118
132 Oxide Street
Scout Hall
119
Cnr Oxide & Blende Sts
Liberty House (former Masonic Club)
120
170 Morish Street (Cnr South Street)
Residence (former Gladstone Hotel)
121
211 Patton Street
South Broken Hill Hotel (formerly Baylin Hotel)
122
157 Patton Street
Residence (formerly South Police Station)
123
155 Patton Street
Residence (former Broken Hill South Post Office)
124
153 Patton Street
South Fire Station
125
212 Hebbard Street
Alma Hotel
126
223–225 Rowe Street
House & former Shop
127
127–129 Rakow Street
Broken Hill Veterinary Clinic
128
408 Williams Street
Bush Childrens Hostel
129
230–232 Lane Street (Cnr Sulphide Street)
Roman Catholic Group (Inc Cathedral & Old Convent)
130
114 Sulphide Street
The Towers (House)
131
Sulphide Street (Cnr Cobalt Street)
Wesley Church & Hall
132
165 Wolfram Street
Historical Society (formerly Synagogue)
133
582–584 Beryl Street (Cnr Buck Street)
Thankakali Aboriginal Corp. (formerly SA Brewing Co.)
134
95 Bromide Street
Pig & Whistle Hotel
135
Buck Street
Mosque
136
560 Argent Street
Junction Hotel
137
213 Mercury Street (Cnr Bismuth St)
Residence (formerly Gasworks Hotel)
138
93 Patton Street (Cnr Bonanza St)
Union Club Hotel
139
100 Bromide Street
Shop—96 Deli
140
140 Chloride Street
Caledonian Hotel
141
Gossan Street (Between Talc & Cobalt Sts)
Broken Hill Gaol
142
Gypsum Street (Near Wills St)
Burke Ward Hall
143
93 Oxide Street
Southern Cross Hotel
144
146 Oxide Street
Old Royal Hotel
145
129 Patton Street
former Baptist Church
146
Rakow Street (Cnr Gypsum St)
Burke Ward Public School
147
13 Thomas Street
Excelsior Hotel
148
253 Wills Street
Tramways O.I.C. House
149
Gypsum Street (Crn Wills Street)
Railwaytown Post Office & Shops
150
Rakow Street
Cemetery
151
Rakow Street
Brookfield’s Grave & Monument
152
McCulloch Street
North Public School
153
637–639 Chapple Street
Shop & House
154
Thomas Street
Hospital
155
15 Garnet Street
House (Cnr Argent St)
156
69 Cobalt Street
House (Cnr Garnet St)
157
456 Williams Street
House (Cnr Iodide St)
158
122–132 Iodide Street
Terrace Houses (Off Wolfram St)
159
320 Chloride Street
House & Shop (Cnr Thomas St)
160
202 Wolfram Street
House—Police (Cnr Sulphide St)
161
141 Sulphide Street
House—NBHC Bachelors Quarters
162
252–260 Sulphide Street
Houses (Off Chapple Lane)
163
303–305 Sulphide Street
Houses (Off Thomas St)
164
342 Cummins Street
House (Cnr Oxide St)
165
328 Cummins Street
House (Between Sulphide/Oxide Sts)
166
Patton Street
The ALMA Institute
167
Zinc Corporation Leases
Old Administrative Building
168
Zinc Corporation Leases
Old Bath House
169
New Broken Hill Consolidated
Southern Cross Shaft
170
New Broken Hill Consolidated
NBHC Head Frames
171
Zinc Corporation Leases
Zinc Corporation Shaft
172
New Broken Hill Consolidated
No 3 Shaft & Winder House
173
New Broken Hill Consolidated
No 2 Shaft & Winders
174
North Broken Hill Leases
North No 1 Shaft
175
MMM Lease, Menindee Road
Browne’s Shaft
176
MMM Lease, Menindee Road
Thompson Shaft
177
MMM Lease, South Road
No 7 Winding House
178
MMM Lease, South Road
No 7 Headframe
179
MMM Lease, South Road
Winding House & Motor, No 4 Shaft
180
MMM Lease, South Road
Headframe No 4 Shaft
181
Kanandah Road
Old Broken Hill City Abattoir
182
258–260 Chloride Street
former Thomas Bakery
183
Council Depot, Warnock St
Council Store
184
Council Depot, Warnock St
Stables
185
Galena Street
former Power Station
186
Eyre Street
former Central Power Station
187
Block 10 Hill, South Rd
Block 10 Reservoirs
188
Block 10 Hill, South Rd
B.H.P. Concentration Mill Site
189
Mica Street Filtration Plant
Reservoir
190
Westside Plaza Car Park
former Tramway Workshop Remains
191
Westside Plaza Car Park
Lathe
192
Westside Plaza Car Park
Milling Machine—planer
193
160a Harvy Street
Silverton Tramway Water Tower Remains
194
Westside Plaza Car Park
Railway Signal Post
195
Off Brookfield Ave
Silverton Tramway Mainline Viaduct
196
Galena Street (Opp Rising Sun Hotel)
Horse Trough (Off Beryl St)
197
Silver Street (Outside Jubilee Oval)
Horse Trough (Cnr Beryl St)
198
Chapple, Zebina & Lane Sts
Queen Elizabeth Park
199
Wolfram, Chloride, Beryl & Sulphide Streets
Sturt Park
200
Patton & Wilson Streets
Patton Street Park
201
Gypsum Street (Near Wills Street)
A.J. Keast Park
202
Wentworth Road
Pasminco Twin Lakes
203
Eyre Street (East of Mine Lease 9)
Central Mine Assay Office
204
172 Beryl Street
Marios Hotel/Motel (formerly Masonic Hotel)
205
320 Beryl Street (Cnr Chloride Street)
David Vodic Toyota
206
97–99 Blende Street
Boarding House (Off Bromide St)
207
161 Blende Street
Aerobics Centre (formerly G.U.O.O.F. Hall)
208
183 Blende Street
Car Park
209
Blende Street
Police Residence
210
321 Blende Street
Sturt Club
211
335–314 Blende Street
Southstate Industrial Supplies
212
347 Blende Street
Shop Everybody’s Foodtown
213
346 Blende Street
Shop Foodland
214
410–416 Blende Street
Cottons Building Supplies
215
38 Chloride Street
BP Exchange Service Station
216
88 Crystal Street
Boarding House
217
90 Crystal Street
Hall—Italian Community
218
92 Crystal Street
Boarding House (former Crystal Hotel)
219
98 Crystal Street
House
220
114–118 Crystal Street
Boarding House & Dwellings
221
40 Oxide Street
Masonic Centre
222
8–10 Oxide Street
North Economy Stores
223
12–20 Oxide Street (North of Crystal Lane)
Shops
224
3–7 Oxide Street
Repco, N.P.W. & Motor Mechanics
225
41–47 Oxide Street
Cinema Centre
226
23–31 Sulphide Street
Shops
227
264 Oxide Street
Mulga Hill Tavern
228
Schlapp Street
White Rocks Reserve
229
335 Lane Street
St. Peters Anglican Church
230
Lane Street
School of the Air
231
MMM Lease
BHP Mill Foundations
232
MMM Lease Menindee Rd
Junction Mine & Lookout
233
Zinc Corporation Leases
Zinc Mine
234
Argent Street
Duke of Cornwall Park
235
Cnr Blende & Bromide Sts
Kintore Reserve
236
South end of NBHC Area of Pasminco
Southern Power Corporation Building
237
South of Residue Dump “C”
Southern Cross Shaft Headframe
238
South of NBHC Area
Winderhouse & Changerooms
239
North of NBHC Mill, NBHC Area of Pasminco
Mechanical Workshops & Surface Maintenance Workshop
240
Southern End of NBHC Area of Pasminco
NBHC Mill
241
South End of NBHC Area
Metallurgical Research Office & Experimental Mill
242
Adjacent to Haulage Shaft NBHC Area
NBHC Crusher Station
243
Centre of NBHC Area, Pasminco
NBHC General Offices
244
Centre of NBHC Area, Pasminco
NBHC Changehouse
245
East Side of the Haulage & Service Shafts, NBHC
NBHC Winderhouse
246
Centre of NBHC Area, Pasminco
Haulage & Service Shafts Headframes
247
Centre of Zinc Corporation
Zinc Corporation General
248
Area, Pasminco
Offices & Changehouse
249
South of Freeman’s Shaft Zinc Corporation
Freeman’s Shaft Winderhouse
250
North West of Zinc Corp.
Freeman’s Shaft & Crusher
251
General Offices
House
252
East of Zinc Corporation
Zinc Corporation Concentrating
253
General Offices, South
Mill
254
East of Freeman’s Shaft, Zinc Corporation
Diamond Drill Shop
255
West of Freeman’s Shaft in Ne Cnr Of Mine Lease 5
Block 5 Shaft Area Buildings
256
East Side of the Entrance
Social Club Building &
257
Road to Pasminco South
Sportsground Changehouse
258
South of Old Main Shaft, Mine Lease 6
Number 2 Storage Building
259
East of the Old Main Shaft
Number 1 Storage Building
260
Mine Lease 6 in Old Zinc Corporation Area
Core Storage Building
261
Mine Lease 6, Old Zinc Corporation Area
Old Office Flats
262
Old Zinc Corporation Area, Mine Lease 6
Possible Changehouse Foundation
263
Old Zinc Corporation Area, Mine Lease 6
Carbide Plant (Old Acid Plant)
264
Old Zinc Corporation Area, Mine Lease 6
Fire Pump House
265
North of Fire Pump House, Old Zinc Corporation
Small Concrete Building
266
Old Zinc Corporation Area
Rehabilitation Workshop
267
Old Zinc Corporation Area, Mine Lease 6
Number 4 Shaft Headframe
268
Adjacent to Number 4 Shaft on the East Side
Number 4 Shaft Fan Motor House
269
West Off Number 4 Shaft Headframe & Fanhouse
Foundations of Old Electrical Shop
270
Along Entrance Road to Pasminco (From Eyre St)
Streetlights
271
At Pasminco South Area Front Gate Onto Eyre St
Front Gates & Gatehouse
272
South West of Freeman’s Shaft Mine Lease 5
Sand Silos & Residue Plant
273
Eyre Street
General Offices (MMM) &
274
Eyre Street
Radford House (Eyre Street)
275
South Mine, Mine Lease 8
Broken Hill South Mill
276
South Mine, Mine Lease 8
General Store Office
277
South Mine, Mine Lease 7, 8
Number 2 Control Substation
278
South Mine, Mine Lease 7, 8
Water Tower
279
South Mine, Mine Lease 7
Reagent Shed
280
South Mine, Mine Lease 7
Filter House
281
South Mine, Mine Lease 7
Pumphouse
282
South Mine, Mine Lease 7
Mullock Bin
283
South Mine, Mine Lease
Electrical Workshop
284
South Mine, Mine Lease 8
Mechanical Workshop (Old General Workshop)
285
South Mine, Mine Lease 8
Changehouse
286
South Mine, Mine Lease 8
Riggers Shop
287
South Mine, Mine Lease 8
Compressor Room (Old Power House)
288
South Mine, Mine Lease 8
Carpenter’s Paint Shop (Old Windershouse)
289
South Mine, Mine Lease 8
Pumphouse & Cooling Water Reservoir
290
South Mine, Mine Lease 8
Two Water Tanks
291
South Mine, Mine Lease 8
Yardman’s Office
292
South Mine Lease, Mine Lease 8
Pattern Store (Carpenter’s Shop)
293
South Mine Lease
Saw Mill & Extension
294
South Mine, Mine Lease 8
Coal Bins
295
South Mine, Mine Lease 8
Weighbridge Foundations
296
South Mine, Mine Lease 8
Sand Plant
297
South Mine, Mine Lease 8
Number 6 Shaft Vent Fan
298
South Mine, Mine Lease 8
Roaster Plant
299
South Mine, Mine Lease 8
Two Water Tanks and A Stone Foundation
300
South Mine, Mine Lease 8
Square Concrete Foundation
301
South Mine, Mine Lease 8
Tankstand
302
South Mine
Fire & Ambulance Station
303
MMM Area, Mine Lease 9
Brick Pier Foundations
304
MMM Area, Mine Lease 12
Stone Wall
305
MMM Area, Mine Lease 12
Building Foundation
306
MMM Area, Mine Lease 12
Four Concrete Piers
307
MMM Area, Mine Lease 12
Headframe
308
MMM Area, Mine Lease 12
Timber Chute Race
309
Old BHP Area, Mine Lease 12
Delprat Headframe & Shaft
310
Old BHP Area, Mine Lease 12
Delprat Changehouse
311
Old BHP Area, Mine Lease 12
Delprat General Offices
312
Old BHP Area, Mine Lease 12
Delprat Winderhouse
313
Old BHP Area, Mine Lease 12
Delprat Winder Foundations
314
Old BHP Area, Mine Lease 12
Three Water Tanks
315
Old BHP Area, Mine Lease 12
Slag Dump, Foundations & Timber Piles
316
Old BHP Area, Mine Lease 12
Stone Wall & Concrete Footings
317
Old BHP Area, Mine Lease 12
BHP South Smelter Walls & Stack
318
Old BHP Area, Mine Lease 12
BHP Concentration Mill Foundations
319
Old BHP Area, Mine Lease 12
Loading Platform
320
Old BHP Area, Mine Lease 15
British Flats Proprietary Square
321
Proprietary Square
Residences
322
Old BHP Area, Mine Lease 13
BHP North Slag Dump
323
British BHP Area, Mine Lease 16
Thompsons General Offices
324
British BHP Area, Mine Lease 16
Thompsons Changehouse
325
British BHP Area, Mine Lease 16
Thompsons Winderhouse
326
British BHP Area, Mine Lease 16
Thompsons Ambulance Station
327
British BHP Area, Mine Lease 16
Thompsons Headframe, Bracehousing & Conveyor
328
British BHP Area, Mine Lease 16
Thompsons Crusher House
329
British BHP Area, Mine Lease 16
Thompsons Conveyor, Storage Bin & Loading Hooper
330
North Mine, Mine Lease 17
Number 1 Mill Foundations
331
North Mine, Mine Lease 17
Number 1 Mill Tunnel
332
North Mine, Mine Lease 43
Number 2 Mill
333
North Mine, Mine Lease 43
Ambulance Station
334
North Mine, Mine Lease 43
Number 2 Shaft Headframe & Crusher Station
335
North Mine, Mine Lease 43
Number 2 Shaft Winderhouse
336
North Mine, Mine Lease 43
Changehouse & Extension
337
North Mine, Mine Lease 43
Residue Pumphouse & Number 12 Conveyor
338
North Mine, Mine Lease 43
Reagent Shed
339
North Mine, Mine Lease 43
Thickener Vats
340
North Mine, Mine Lease 43
Number 3 Vent Fan
341
North Mine, Mine Lease 49
Weighbridge Station
342
North Mine, Mine Lease 43
Filter House
343
North Mine, Mine Lease 43
Mill Lead Bin
344
North Mine, Mine Lease 46
Number 3 Shaft Headframe
345
North Mine, Mine Lease 46
Crusher House
346
North Mine, Mine Lease 46
Number 3 Winderhouse
347
North Mine, Mine Lease 46
Changehouse & Subsurface Plant
348
North Mine, Mine Lease 46
Loading Station
349
North Mine, Mine Lease 46
North Mine General Offices
350
North Mine, Mine Lease 46
Assay Office
351
North Mine Leases
Houses 17, 18 & 19
352
North Mine Leases
Junction Circle Housing
353
Rainbow Avenue
Rainbow Avenue Housing
354
Cnr of Crystal & Chloride Sts.
Charles Rasp Memorial
355
Garnet Street
Broken Hill High School
356
116 Wyman Street
House
Schedule 2 Development which must be advertised
(Clause 17)
(1)   
The demolition of a building or work that is a heritage item, or is within a heritage conservation area, not being a partial demolition which, in the opinion of the Council, is of a minor nature and does not adversely affect the significance of the building or work as part of the environmental heritage of the City of Broken Hill.
(2)   
Development for the purpose of boarding houses, hotels, motels or residential flat buildings.
(3)   
Development for the purpose of industries (other than home industries or rural industries) in Zone 1 (a) or 1 (c).
(4)   
Development for the purpose of intensive livestock keeping establishments.
(5)   
Development for the purpose of junk yards, liquid fuel depots, sawmills or stock and saleyards.
(6)   
Dual occupancy development.
Schedule 3 Restricted development along arterial roads
(Clause 18 (2))
Development for the purpose of:
Bulk stores,
Caravan parks,
Car repair stations,
Clubs,
Commercial premises,
Educational establishments,
Hospitals,
Hotels,
Industries (other than home or rural industries),
Institutions,
Junk yards,
Liquid fuel depots,
Mines,
Motels,
Places of public assembly,
Places of public worship,
Recreation facilities,
Refreshment rooms,
Retail plant nurseries,
Roadside stalls,
Sawmills,
Service stations,
Stock and saleyards,
Transport terminals,
Warehouses.
Schedule 4 Reclassification of public land as operational land
(Clause 30)
1
Lots 5843 & 5885—
DP 757298
Caravan Park
Rakow Street
2
Lot 1 DP 43251—
Vol 14478 Fol 191
Vacant Land
Galena/Harvy Streets
3
Lot 105 DP 579116—
Vol 12885 Fol 192
Vacant Land
Galena/Harvy Streets
4
Lot 2 DP 600949—
Vacant Land
Galena/Harvy Streets
5
Lot 1060 DP 624267
Vol 14755 Fol 194
Vacant Land
Galena/Harvy Streets
6
Lot 5787 DP 44267
Vacant land
14 Galena Street
7
Lot 15 Sec 4—
DP 759092
Vol 14692 Fol 184
Residence
90 Galena Street
8
Lot 52 DP 1014146
Car Park and Library
Argent Street
sch 4: Am 3.11.2000.