Table Of Contents

Tamworth Regional Local Environmental Plan 2010 (2011 EPI 27)

Part 1 Preliminary
1.1   Name of Plan
This Plan is Tamworth Regional Local Environmental Plan 2010.
1.1AA   Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in the Tamworth Regional Council area in accordance with the relevant standard environmental planning instrument under section 33A of the Act.
(2)  The particular aims of this Plan are as follows:
(a)  to encourage the orderly management, development and conservation of natural and other resources within the Tamworth region by protecting, enhancing or conserving:
(i)  important agricultural land, and
(ii)  timber, minerals, soil, water and other natural resources, and
(iii)  areas of significance for nature conservation, and
(iv)  places and buildings of archaeological or heritage significance,
(b)  to allow flexibility in the planning framework so as to encourage orderly, economic and equitable development while safeguarding the community’s interests and residential amenity,
(c)  to manage and strengthen retail hierarchies and employment opportunities, promote appropriate tourism development, guide affordable urban form and provide for the protection of heritage items,
(d)  to promote ecologically sustainable urban and rural development and control the development of flood liable land, and
(e)  to secure a future for agriculture by expanding Tamworth’s economic base and minimising the loss or fragmentation of productive agricultural land.
1.3   Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4   Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5   Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6   Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7   Maps
(1)  A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name:
(a)  approved by the local plan-making authority when the map is adopted, and
(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA)    (Repealed)
(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4)  For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note—
The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8   Repeal of planning instruments applying to land
(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note—
The following local environmental plans are repealed under this provision:
(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A   Savings provision relating to development applications
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note—
However, under Division 4B of Part 3 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument is made, and the consent authority may consider the application. The Division requires the joint notification (if practicable) of the development application and the draft environmental planning instrument allowing the development.
1.9   Application of SEPPs
(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 36 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies:
1.9A   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)  This clause does not apply:
(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)  to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g)  to any planning agreement within the meaning of Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979.
(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.
(4)  Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
Part 2 Permitted or prohibited development
2.1   Land use zones
The land use zones under this Plan are as follows:
Rural Zones
RU1 Primary Production
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
RU6 Transition
Residential Zones
R1 General Residential
R2 Low Density Residential
R5 Large Lot Residential
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B3 Commercial Core
B4 Mixed Use
B5 Business Development
B7 Business Park
Industrial Zones
IN1 General Industrial
IN3 Heavy Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Environment Protection Zones
E1 National Parks and Nature Reserves
E2 Environmental Conservation
E3 Environmental Management
2.2   Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3   Zone objectives and Land Use Table
(1)  The Land Use Table at the end of this Part specifies for each zone:
(a)  the objectives for development, and
(b)  development that may be carried out without development consent, and
(c)  development that may be carried out only with development consent, and
(d)  development that is prohibited.
(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3)  In the Land Use Table at the end of this Part:
(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions which require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  In deciding whether to grant development consent, the consent authority:
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out:
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6   Subdivision—consent requirements
(1)  Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   Temporary use of land
(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 182 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted unless the consent authority is satisfied that:
(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Land Use Table
Note—
A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies:
State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Land Use tbl: Am 2011 (363), Sch 22 [1]–[28]; 2013 (56), Sch 1 [1]; 2014 (577), cl 5; 2016 (168), Sch 1 [2]; 2017 (493), Sch 1.1 [1]; 2018 (488), Sch 1.1 [1]; 2019 No 1, Sch 2.32.
Zone RU1   Primary Production
1   Objectives of zone
•  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•  To encourage diversity in primary industry enterprises and systems appropriate for the area.
•  To minimise the fragmentation and alienation of resource lands.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To permit subdivision only where it is considered by the Council to be necessary to maintain or increase agricultural production.
•  To restrict the establishment of inappropriate traffic generating uses along main road frontages.
•  To ensure sound management of land which has an extractive or mining industry potential and to ensure that development does not adversely affect the extractive industry.
•  To permit development for purposes where it can be demonstrated that suitable land or premises are not available elsewhere.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Forestry; Home-based child care; Home occupations; Moorings; Roads
3   Permitted with consent
Aquaculture; Cellar door premises; Dual occupancy (attached); Dwelling houses; Extractive industries; Farm buildings; Intensive livestock agriculture; Intensive plant agriculture; Kiosks; Landscaping material supplies; Open cut mining; Plant nurseries; Roadside stalls; Rural workers’ dwellings; Any other development not specified in item 2 or 4
4   Prohibited
Amusement centres; Cemeteries; Centre-based child care facilities; Commercial premises; Crematoria; Depots; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Function centres; Health services facilities; Heavy industrial storage establishments; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Mortuaries; Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Service stations; Serviced apartments; Sex services premises; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Wharf or boating facilities; Wholesale supplies
Zone RU3   Forestry
1   Objectives of zone
•  To enable development for forestry purposes.
•  To enable other development that is compatible with forestry land uses.
2   Permitted without consent
Roads; Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
3   Permitted with consent
Aquaculture
4   Prohibited
Any development not specified in item 2 or 3
Zone RU4   Primary Production Small Lots
1   Objectives of zone
•  To enable sustainable primary industry and other compatible land uses.
•  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Moorings; Roads
3   Permitted with consent
Agricultural produce industries; Aquaculture; Cellar door premises; Dual occupancies (attached); Dwelling houses; Farm buildings; Intensive plant agriculture; Kiosks; Landscaping material supplies; Light industries; Markets; Plant nurseries; Roadside stalls; Rural workers’ dwellings; Any other development not specified in item 2 or 4
4   Prohibited
Amusement centres; Backpackers’ accommodation; Cemeteries; Centre-based child care facilities; Commercial premises; Crematoria; Eco-tourist facilities; Entertainment facilities; Exhibition villages; Heavy industrial storage establishments; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Intensive livestock agriculture; Mortuaries; Recreation facilities (major); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Service stations; Serviced apartments; Sex services premises; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Wharf or boating facilities; Wholesale supplies
Zone RU5   Village
1   Objectives of zone
•  To provide for a range of land uses, services and facilities that are associated with a rural village.
•  To encourage a range of housing types in appropriate locations.
•  To enable development for retail, commercial and light industrial purposes for the local and nearby rural community in appropriate locations and scale within the zone.
2   Permitted without consent
Environmental protection works; Home-based child care; Home occupations; Moorings; Roads
3   Permitted with consent
Centre-based child care facilities; Community facilities; Dwelling houses; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Schools; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Eco-tourist facilities; Forestry; Home occupations (sex services); Industrial training facilities; Intensive livestock agriculture; Multi dwelling housing; Pond-based aquaculture; Residential flat buildings; Restricted premises; Rural workers’ dwellings; Sex services premises; Wharf or boating facilities
Zone RU6   Transition
1   Objectives of zone
•  To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
2   Permitted without consent
Extensive agriculture; Roads
3   Permitted with consent
Animal boarding or training establishments; Dwelling Houses; Electricity generating works; Farm buildings; Flood mitigation works; Home-based child care; Home businesses; Home industries; Home occupations; Oyster aquaculture; Recreation areas; Recreation facilities (indoor); Research stations; Sewage treatment plants; Signage; Tank-based aquaculture; Water supply systems
4   Prohibited
Pond-based aquaculture; Any development not specified in item 2 or 3
Zone R1   General Residential
1   Objectives of zone
•  To provide for the housing needs of the community.
•  To provide for a variety of housing types and densities.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Home-based child care; Home occupations; Moorings; Roads
3   Permitted with consent
Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Food and drink premises; Group homes; Home industries; Hostels; Kiosks; Markets; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Mortuaries; Open cut mining; Passenger transport facilities; Pubs; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sex services premises; Storage premises; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Waste or resource management facilities; Wharf or boating facilities; Wholesale supplies
Zone R2   Low Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a low density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Home-based child care; Home occupations; Roads
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Dwelling houses; Group homes; Health consulting rooms; Home industries; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities; Wholesale supplies
Zone R5   Large Lot Residential
1   Objectives of zone
•  To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
•  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
•  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To provide a mix of housing that supports and encourages neighbouring equine-related facilities and is compatible with surrounding land uses and activities.
2   Permitted without consent
Home-based child care; Home occupations; Moorings; Roads
3   Permitted with consent
Backpackers’ accommodation; Bed and breakfast accommodation; Cellar door premises; Dwelling houses; Home industries; Markets; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Pond-based aquaculture; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Air transport facilities; Amusement centres; Boat building and repair facilities; Boat sheds; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Eco-tourist facilities; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Intensive livestock agriculture; Marinas; Mooring pens; Mortuaries; Passenger transport facilities; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Turf farming; Vehicle body repair workshops; Vehicle repair stations; Water recreation structures; Wharf or boating facilities; Wholesale supplies
Zone B1   Neighbourhood Centre
1   Objectives of zone
•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.
2   Permitted without consent
Home-based child care; Home occupations; Roads
3   Permitted with consent
Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Home industries; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care centres; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Animal boarding or training establishments; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Hardware and building supplies; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Hospitals; Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Office premises; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Registered clubs; Research stations; Roadside stalls; Rural industries; Rural supplies; Sex services premises; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle sales or hire premises; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities; Wholesale supplies
Zone B2   Local Centre
1   Objectives of zone
•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
•  To encourage employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To ensure quality of design of buildings and public spaces to achieve a locality that is safe and accessible.
•  To ensure that the size and functions of both retail and commercial facilities are established in accordance with the Council’s preferred hierarchy of retail and commercial centres for the region.
2   Permitted without consent
Home-based child care; Home occupations; Moorings; Roads
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Home industries; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Self-storage units; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Animal boarding or training establishments; Cemeteries; Correctional centres; Crematoria; Eco-tourist facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Industrial training facilities; Industries; Open cut mining; Pond-based aquaculture; Rural industries; Rural workers’ dwellings; Sex services premises; Storage premises; Wharf or boating facilities
Zone B3   Commercial Core
1   Objectives of zone
•  To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
•  To encourage appropriate employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Roads
3   Permitted with consent
Attached dwellings; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Home industries; Hostels; Hotel or motel accommodation; Information and education facilities; Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Animal boarding or training establishments; Bed and breakfast accommodation; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Industrial training facilities; Industries; Liquid fuel depots; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Rural industries; Rural workers’ dwellings; Service stations; Sex services premises; Storage premises; Vehicle body repair workshops; Veterinary hospitals; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities
Zone B4   Mixed Use
1   Objectives of zone
•  To provide a mixture of compatible land uses.
•  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Roads
3   Permitted with consent
Attached dwellings; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Home industries; Hostels; Hotel or motel accommodation; Information and education facilities; Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Animal boarding or training establishments; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Industrial training facilities; Industries; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Rural industries; Sex services premises; Storage premises; Vehicle body repair workshops; Waste or resource management facilities; Wharf or boating facilities
Zone B5   Business Development
1   Objectives of zone
•  To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.
2   Permitted without consent
Roads
3   Permitted with consent
Centre-based child care facilities; Garden centres; Hardware and building supplies; Landscaping material supplies; Light industries; Liquid fuel depots; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Self-storage units; Shop top housing; Specialised retail premises; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Animal boarding or training establishments; Bed and breakfast accommodation; Boat building and repair facilities; Boat sheds; Business premises; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Farm stay accommodation; Forestry; Heavy industrial storage establishments; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial training facilities; Industries; Marinas; Mooring pens; Moorings; Places of public worship; Pond-based aquaculture; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Roadside stalls; Rural industries; Sex services premises; Vehicle body repair workshops; Vehicle repair stations; Water recreation structures; Wharf or boating facilities
Zone B7   Business Park
1   Objectives of zone
•  To provide a range of office and light industrial uses.
•  To encourage employment opportunities.
•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
2   Permitted without consent
Roads
3   Permitted with consent
Centre-based child care facilities; Food and drink premises; Garden centres; Hardware and building supplies; Landscaping material supplies; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Respite day care centres; Rural supplies; Self-storage units; Shop top housing; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Airports; Amusement centres; Animal boarding or training establishments; Boat sheds; Business premises; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Heavy industrial storage establishments; Heavy industries; Home-based child care; Home occupations (sex services); Industrial training facilities; Information and education facilities; Marinas; Mooring pens; Moorings; Pond-based aquaculture; Pubs; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Retail premises; Rural industries; Sex services premises; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities
Zone IN1   General Industrial
1   Objectives of zone
•  To provide a wide range of industrial and warehouse land uses.
•  To encourage employment opportunities.
•  To minimise any adverse effect of industry on other land uses.
•  To support and protect industrial land for industrial uses.
•  To enable land uses that provide facilities or services to meet the day to day needs of workers in the area.
2   Permitted without consent
Roads
3   Permitted with consent
Depots; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Landscaping material supplies; Light industries; Liquid fuel depots; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Rural supplies; Shop top housing; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Centre-based child care facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Home-based child care; Home businesses; Home occupations (sex services); Information and education facilities; Marinas; Mooring pens; Moorings; Pond-based aquaculture; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Wharf or boating facilities
Zone IN3   Heavy Industrial
1   Objectives of zone
•  To provide suitable areas for those industries that need to be separated from other land uses.
•  To encourage employment opportunities.
•  To minimise any adverse effect of heavy industry on other land uses.
•  To support and protect industrial land for industrial uses.
2   Permitted without consent
Roads
3   Permitted with consent
Depots; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industries; Landscaping material supplies; Offensive storage establishments; Oyster aquaculture; Plant nurseries; Take away food and drink premises; Tank-based aquaculture; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Airports; Amusement centres; Animal boarding or training establishments; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Centre-based child care facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Industrial training facilities; Information and education facilities; Marinas; Mooring pens; Moorings; Passenger transport facilities; Places of public worship; Pond-based aquaculture; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Self-storage units; Sex services premises; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Wharf or boating facilities
Zone SP1   Special Activities
1   Objectives of zone
•  To provide for special land uses that are not provided for in other zones.
•  To provide for sites with special natural characteristics that are not provided for in other zones.
•  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone SP2   Infrastructure
1   Objectives of zone
•  To provide for infrastructure and related uses.
•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
2   Permitted without consent
Nil
3   Permitted with consent
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Aquaculture; Roads
4   Prohibited
Any development not specified in item 2 or 3
Zone SP3   Tourist
1   Objectives of zone
•  To provide for a variety of tourist-oriented development and related uses.
•  To facilitate development that recognises the unique characteristics of the nationally and regionally significant tourist precincts that are the Australian Equine Livestock and Events Centre (AELEC) and the Tamworth Regional Racing Precincts.
2   Permitted without consent
Home occupations; Moorings; Roads
3   Permitted with consent
Amusement centres; Animal boarding or training establishments; Aquaculture; Boat sheds; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Food and drink premises; Function centres; Helipads; Highway service centres; Information and education facilities; Kiosks; Markets; Medical centres; Office premises; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Retail premises; Sewage treatment plants; Signage; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water supply systems
4   Prohibited
Cellar door premises; Garden centres; Hardware and building supplies; Landscaping material supplies; Plant nurseries; Roadside stalls; Rural supplies; Shops; Specialised retail premises; Timber yards; Vehicle sales or hire premises; Any other development not specified in item 2 or 3
Zone RE1   Public Recreation
1   Objectives of zone
•  To enable land to be used for public open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
2   Permitted without consent
Environmental protection works; Moorings; Roads
3   Permitted with consent
Aquaculture; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Crematoria; Electricity generating works; Entertainment facilities; Environmental facilities; Function centres; Helipads; Information and education facilities; Kiosks; Markets; Medical centres; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Sewage treatment plants; Shops; Waste or resource management facilities; Water recreation structures; Water supply systems
4   Prohibited
Commercial premises; Neighbourhood shops; Any development not specified in item 2 or 3
Zone RE2   Private Recreation
1   Objectives of zone
•  To enable land to be used for private open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
2   Permitted without consent
Environmental protection works; Moorings; Roads
3   Permitted with consent
Aquaculture; Community facilities; Environmental facilities; Food and drink premises; Garden centres; Kiosks; Medical centres; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Shops; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Cemeteries; Commercial premises; Correctional centres; Depots; Eco-tourist facilities; Educational establishments; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Mortuaries; Passenger transport facilities; Places of public worship; Pubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sex services premises; Storage premises; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Wharf or boating facilities; Wholesale supplies
Zone E1   National Parks and Nature Reserves
1   Objectives of zone
•  To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
•  To enable uses authorised under the National Parks and Wildlife Act 1974.
•  To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
2   Permitted without consent
Uses authorised under the National Parks and Wildlife Act 1974
3   Permitted with consent
Nil
4   Prohibited
Any development not specified in item 2 or 3
Zone E2   Environmental Conservation
1   Objectives of zone
•  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
•  To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
2   Permitted without consent
Nil
3   Permitted with consent
Building identification signs; Business identification signs; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Oyster aquaculture; Recreation areas; Research stations
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone E3   Environmental Management
1   Objectives of zone
•  To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
•  To provide for a limited range of development that does not have an adverse effect on those values.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Dwelling houses; Electricity generating works; Environmental facilities; Environmental protection works; Extensive agriculture; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Home-based child care; Home businesses; Home industries; Information and education facilities; Kiosks; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Research stations; Roads; Roadside stalls; Secondary dwellings; Sewage treatment plants; Tank-based aquaculture; Water supply systems
4   Prohibited
Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1   Exempt development
Note—
Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a)  must be of minimal environmental impact, and
(b)  cannot be carried out in a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994, and
(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development:
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  To be exempt development, the development must:
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
3.2   Complying development
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with:
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note—
See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must:
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(5)  A heading to an item in Schedule 3 is part of that Schedule.
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause:
environmentally sensitive area for exempt or complying development means any of the following:
(a)  the coastal waters of the State,
(b)  a coastal lake,
(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows:
(a)  to ensure that new subdivisions are consistent with the predominant lot sizes and holding patterns of the surrounding locality,
(b)  to ensure that lot sizes have a practical and efficient layout to meet the intended use of the lot,
(c)  to prevent the fragmentation of rural lands.
(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause does not apply in relation to the subdivision of any land:
(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b)  by any kind of subdivision under the Community Land Development Act 1989.
4.1AA   Minimum subdivision lot size for community title schemes
(1)  The objectives of this clause are as follows:
(a)  to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones:
(a)  Zone RU1 Primary Production,
(b)  Zone RU4 Primary Production Small Lots,
(c)  Zone RU6 Transition,
(d)  Zone E2 Environmental Conservation,
(e)  Zone E3 Environmental Management,
but does not apply to a subdivision by the registration of a strata plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause applies despite clause 4.1.
cl 4.1AA: Ins 2011 (363), Sch 22 [29].
4.1A   Minimum subdivision lot size for Zones R1 and RU5
Despite clause 4.1, the size of any lot resulting from a subdivision of land in Zone R1 General Residential or Zone RU5 Village may be less than the minimum lot size shown on the Lot Size Map in relation to that land, but not less than 450 square metres (excluding access handles), if:
(a)  the land is connected to a reticulated sewerage system, and
(b)  development consent has been granted in respect of the subdivision for the purposes of any of the following:
(i)  dual occupancy,
(ii)  multi dwelling housing,
(iii)  attached dwellings,
(iv)  semi-detached dwellings.
4.1B   Minimum subdivision lot sizes for certain split zones
(1)  The objectives of this clause are:
(a)  to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1, and
(b)  to ensure that the subdivision occurs in a manner that promotes suitable land use and development.
(2)  This clause applies to each lot (an original lot) that contains:
(a)  land in a residential, business or industrial zone, and
(b)  land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone RU6 Transitions, Zone E2 Environmental Conservation or Zone E3 Environmental Management.
(3)  Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if:
(a)  one of the resulting lots will contain:
(i)  land in a residential, business or industrial zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii)  all of the land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone RU6 Transitions, Zone E2 Environmental Conservation or Zone E3 Environmental Management that was in the original lot, and
(b)  all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
cl 4.1B: Am 2011 (363), Sch 22 [30].
4.2   Rural subdivision
(1)  The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
(2)  This clause applies to the following rural zones:
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(baa)  Zone RU3 Forestry,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU6 Transition.
Note—
When this Plan was made it did not include Zone RU2 Rural Landscape.
(3)  Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
(5)  A dwelling cannot be erected on such a lot.
Note 1—
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
4.2A   Lot size exceptions for certain rural subdivisions
Land in a zone to which clause 4.2 applies may, with development consent, be subdivided to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land, if the consent authority is satisfied that the use of the land after the subdivision will be the same use permitted under the existing development consent for the land (other than for the purpose of a dwelling house or a dual occupancy).
4.2B   Erection of dwelling houses on land in certain rural and environmental protection zones
(1)  The objectives of this clause are as follows:
(a)  to minimise unplanned rural residential development, and
(b)  to enable the replacement of lawfully erected dwelling houses in rural and environmental protection zones.
(2)  This clause applies to land in the following zones:
(a)  Zone RU1 Primary Production,
(b)  Zone RU4 Primary Production Small Lots,
(c)  Zone RU6 Transition.
(3)  Development consent must not be granted for the erection of a dwelling house on land in a zone to which this clause applies, and on which no dwelling house has been erected, unless the land is:
(a)  a lot that is at least the minimum lot size specified for that lot by the Lot Size Map, or
(b)  a lot created before this plan commenced and on which the erecting of a dwelling house was permissible under the provisions of Barraba Local Environmental Plan 1990, Manilla Local Environmental Plan 1988, Nundle Local Environmental Plan 2000 or Parry Local Environmental Plan 1987 immediately before that commencement, or
(c)  a lot created pursuant to clause 11 or 12 of Tamworth Local Environmental Plan 1996 and, if the lot was created pursuant to clause 12 of that Plan, development consent has been granted for the purpose for which it was created, or
(d)  a lot resulting from a subdivision for which development consent (or equivalent) was granted before this plan commenced and on which the erection of a dwelling house would have been permissible if the plan of subdivision had been registered before that commencement, or
(e)  an existing holding, or
(f)  a holding on which the erection of a dwelling was permissible under Barraba Local Environmental Plan 1990, Manilla Local Environmental Plan 1988, Nundle Local Environmental Plan 2000 or Parry Local Environmental Plan 1987 immediately before this plan commenced.
Note—
A dwelling cannot be erected on a lot created under clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
(4)    (Repealed)
(5)  Despite any other provision of this clause, development consent may be granted for the erection of a dwelling house on land to which this clause applies if:
(a)  there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house and is not occupied until the lawfully erected dwelling house is demolished or its occupation has permanently ceased, or
(b)  the land would have been a lot or a holding referred to in subclause (3) had it not been affected by:
(i)  a minor realignment of its boundaries that did not create an additional lot, or
(ii)  a consolidation of lots, but not so as to reduce the area of the land on which the dwelling house will be erected, or
(iii)  a subdivision creating or widening a public road or public reserve or for another public purpose, or
(c)  the dwelling house will replace a lawfully erected dwelling house that was either:
(i)  removed from the site, or
(ii)  partially or completely destroyed,
less than 2 years before the lodgement of a development application under this plan for the purpose of a dwelling house.
(6)  In this clause:
existing holding means all adjoining land, even if separated by a road or railway, held in the same ownership:
(a)  on the relevant date, and
(b)  at the time of lodging a development application for the erection of a dwelling house under this clause,
and includes any other land adjoining that land acquired by the owner since the relevant date.
holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.
Note—
The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.
relevant date means:
(a)  in relation to land to which Manilla Local Environmental Plan 1988 applied—13 May 1988, or
(b)  in relation to land to which Nundle Local Environmental Plan 2000 applied—14 November 1982, or
(c)  in relation to land to which Parry Local Environmental Plan 1987 applied—9 October 1986.
cl 4.2B: Am 2011 (363), Sch 22 [30]; 2013 (684), Sch 1 [1]–[3].
4.2C   Minimum subdivision lot size for strata subdivision of residential or tourist and visitor accommodation in certain zones
(1)  The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
(2)  This clause applies to land in the following zones that is used, or proposed to be used, for residential accommodation or tourist and visitor accommodation:
(a)  Zone RU1 Primary Production,
(b)  Zone RU4 Primary Production Small Lots,
(c)  Zone RU6 Transition,
(d)  Zone E2 Environmental Conservation,
(e)  Zone E3 Environmental Management.
(3)  Development consent must not be granted for the subdivision of a lot to which this clause applies under a strata plan that would create lots below the minimum size shown on the Lot Size Map for that lot.
Note—
See note 2 to clause 2.6 (1).
cl 4.2C: Am 2011 (363), Sch 22 [30]–[32].
4.2D   Boundary changes between lots in certain rural zones
(1)  The objective of this clause is to permit the boundary between 2 or more lots to be altered in certain circumstances to give landowners a greater opportunity to achieve the objectives of a zone.
(2)  This clause applies to land in any of the following zones:
(a)  Zone RU1 Primary Production,
(b)  Zone RU4 Primary Production Small Lots.
(3)  Despite clause 4.1 (3), development consent may be granted to the subdivision of 2 or more adjoining lots, being land to which this clause applies, if the subdivision will not result in any of the following:
(a)  an increase in the number of lots,
(b)  an increase in the number of dwellings on, or dwellings that may be erected on, any of the lots.
(4)  Before determining a development application for the subdivision of land under this clause, the consent authority must consider the following:
(a)  the existing uses and approved uses of other land in the vicinity of the subdivision,
(b)  whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,
(c)  whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d)  whether or not the subdivision is likely to be incompatible with a use on land in any adjoining zone,
(e)  any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),
(f)  whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(g)  whether or not the subdivision is likely to have an adverse impact on the environmental values or agricultural viability of the land.
(5)  This clause does not apply in relation to a subdivision under the Community Land Development Act 1989, the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.
cl 4.2D: Ins 2014 (609), Sch 1 [1].
4.3   Height of buildings
[Not adopted]
4.4   Floor space ratio
(1)  The objectives of this clause are as follows:
(a)  to ensure that the bulk and scale of new buildings is appropriate in relation to the development pattern of surrounding uses and buildings.
(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
4.5   Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows:
(a)  to define floor space ratio,
(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:
(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii)  require community land and public places to be dealt with separately.
(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:
(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
(4) Exclusions from site area The following land must be excluded from the site area:
(a)  land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)  community land or a public place (except as provided by subclause (7)).
(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
(10) Covenants affect consolidated sites If:
(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6   Exceptions to development standards
(1)  The objectives of this clause are as follows:
(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.
(4)  Development consent must not be granted for development that contravenes a development standard unless:
(a)  the consent authority is satisfied that:
(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b)  the concurrence of the Secretary has been obtained.
(5)  In deciding whether to grant concurrence, the Secretary must consider:
(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b)  the public benefit of maintaining the development standard, and
(c)  any other matters required to be taken into consideration by the Secretary before granting concurrence.
(6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if:
(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Note—
When this Plan was made, it did not include Zone RU2 Rural Landscape or Zone E4 Environmental Living.
(7)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
(8)  This clause does not allow development consent to be granted for development that would contravene any of the following:
(a)  a development standard for complying development,
(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)  clause 5.4,
(ca)  clause 6.1 or 6.2.
cl 4.6: Am 2011 (363), Sch 22 [33].
Part 5 Miscellaneous provisions
5.1   Relevant acquisition authority
(1)  The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map
Authority of the State
Zone RE1 Public Recreation and marked “Local open space”
Council
Zone RE1 Public Recreation and marked “Regional open space”
The corporation constituted under section 8 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Roads and Maritime Services
Zone E1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Zone B3 Commercial Core and marked “Carparking”
Council
Zone R1 General Residential and marked “Local road widening”
Council
Zone R5 Large Lot Residential and marked “Local road widening”
Council
Note—
When this Plan was made no land in Zone RE1 Public Recreation, Zone SP2 Infrastructure or Zone E1 National Parks and Nature Reserves was included on the Land Reservation Acquisition Map.
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Note—
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
5.1A   Development on land intended to be acquired for public purposes
(1)  The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.
(2)  This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.
(3)  Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of the Table.
Column 1
Column 2
Land
Development
Zone B3 Commercial Core and marked “Car parking”
Earthworks, Car parking
Zone R1 General Residential and marked “Local road widening”
Earthworks, Roads
Zone R5 Large Lot Residential and marked “Local road widening”
Earthworks, Roads
5.2   Classification and reclassification of public land
(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(4)  The public land described in Part 1 of Schedule 4:
(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:
(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)  any reservations that except land out of the Crown grant relating to the land, and
(c)  reservations of minerals (within the meaning of the Crown Lands Act 1989).
Note—
In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3   Development near zone boundaries
(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.
(3)  This clause does not apply to:
(a)  land in Zone RE1 Public Recreation, Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways, or
(ab)  land in Zone RU6 Transition, or
(b)  land within the coastal zone, or
(c)  land proposed to be developed for the purpose of sex services or restricted premises.
(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that:
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
(5)  This clause does not prescribe a development standard that may be varied under this Plan.
cl 5.3: Am 2011 (363), Sch 22 [34].
5.4   Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.
(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed:
(a)  67% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 4 bedrooms.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 20 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 150 square metres.
(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 12 square metres.
(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:
(a)  60 square metres,
(b)  25% of the total floor area of the principal dwelling.
(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed:
(a)  67% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2011 (363), Sch 22 [35] [36]; 2018 (406), Sch 1.29 [1] [2].
5.5   (Repealed)
5.6   Architectural roof features
[Not adopted]
5.7   Development below mean high water mark
[Not applicable]
5.8   Conversion of fire alarms
(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent:
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subclause (2) applies is complying development if it consists only of:
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this clause:
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
5.9, 5.9AA   (Repealed)
cl 5.9: Am 2011 (363), Sch 22 [37].
5.10   Heritage conservation
Note—
Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
(1) Objectives The objectives of this clause are as follows:
(a)  to conserve the environmental heritage of the Tamworth Regional Council area,
(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)  to conserve archaeological sites,
(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.
(2) Requirement for consent Development consent is required for any of the following:
(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):
(i)  a heritage item,
(ii)  an Aboriginal object,
(iii)  a building, work, relic or tree within a heritage conservation area,
(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
(c)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(d)  disturbing or excavating an Aboriginal place of heritage significance,
(e)  erecting a building on land:
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f)  subdividing land:
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
(3) When consent not required However, development consent under this clause is not required if:
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:
(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
(b)  the development is in a cemetery or burial ground and the proposed development:
(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or
(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d)  the development is exempt development.
(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
(5) Heritage assessment The consent authority may, before granting consent to any development:
(a)  on land on which a heritage item is located, or
(b)  on land that is within a heritage conservation area, or
(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):
(a)  notify the Heritage Council of its intention to grant consent, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:
(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.
(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:
(a)  notify the Heritage Council about the application, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:
(a)  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11   Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
Note—
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.12   Infrastructure development and use of existing buildings of the Crown
(1)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.
(2)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
5.13   Eco-tourist facilities
[Not applicable]
cl 5.13: Am 2011 (363), Sch 22 [38].
5.14   Siding Spring Observatory—maintaining dark sky
[Not adopted]
5.15   Defence communications facility
[Not adopted]
5.16   Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones
(1)  The objective of this clause is to minimise potential land use conflict between existing and proposed development on land in the rural, residential or environment protection zones concerned (particularly between residential land uses and other rural land uses).
(2)  This clause applies to land in the following zones:
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU3 Forestry,
(d)  Zone RU4 Primary Production Small Lots,
(e)  Zone RU6 Transition,
(f)  Zone R5 Large Lot Residential,
(g)  Zone E2 Environmental Conservation,
(h)  Zone E3 Environmental Management,
(i)  Zone E4 Environmental Living.
(3)  A consent authority must take into account the matters specified in subclause (4) in determining whether to grant development consent to development on land to which this clause applies for either of the following purposes:
(a)  subdivision of land proposed to be used for the purposes of a dwelling,
(b)  erection of a dwelling.
(4)  The following matters are to be taken into account:
(a)  the existing uses and approved uses of land in the vicinity of the development,
(b)  whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,
(c)  whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d)  any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c).
5.17   Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations
[Not applicable]
5.18   Intensive livestock agriculture
(1)  The objectives of this clause are:
(a)  to ensure appropriate environmental assessment of development for the purpose of intensive livestock agriculture that is permitted with consent under this Plan, and
(b)  to provide for certain capacity thresholds below which development consent is not required for that development subject to certain restrictions as to location.
(2)  This clause applies if development for the purpose of intensive livestock agriculture is permitted with consent under this Plan.
(3)  In determining whether or not to grant development consent under this Plan to development for the purpose of intensive livestock agriculture, the consent authority must take the following into consideration:
(a)  the adequacy of the information provided in the statement of environmental effects or (if the development is designated development) the environmental impact statement accompanying the development application,
(b)  the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site,
(c)  the potential for the pollution of surface water and ground water,
(d)  the potential for the degradation of soils,
(e)  the measures proposed to mitigate any potential adverse impacts,
(f)  the suitability of the site in the circumstances,
(g)  whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals,
(h)  the consistency of the proposal with, and any reasons for departing from, the environmental planning and assessment aspects of any guidelines for the establishment and operation of relevant types of intensive livestock agriculture published, and made available to the consent authority, by the Department of Primary Industries (within the Department of Industry) and approved by the Planning Secretary.
(4)  Despite any other provision of this Plan, development for the purpose of intensive livestock agriculture may be carried out without development consent if:
(a)  the development is of a type specified in subclause (5), and
(b)  the consent authority is satisfied that the development will not be located:
(i)  in an environmentally sensitive area, or
(ii)  within 100 metres of a natural watercourse, or
(iii)  in a drinking water catchment, or
(iv)  within 500 metres of any dwelling that is not associated with the development, or a residential zone, or
(v)  if the development is a poultry farm—within 500 metres of another poultry farm.
(5)  The following types of development are specified for the purposes of subclause (4):
(a)  a cattle feedlot having a capacity to accommodate fewer than 50 head of cattle,
(b)  a goat feedlot having a capacity to accommodate fewer than 200 goats,
(c)  a sheep feedlot having a capacity to accommodate fewer than 200 sheep,
(d)  a pig farm having a capacity to accommodate fewer than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be breeding sows),
(e)  a dairy (restricted) having a capacity to accommodate fewer than 50 dairy cows,
(f)  a poultry farm having a capacity to accommodate fewer than 1,000 birds for meat or egg production (or both).
(6)  For the avoidance of doubt, subclause (4) does not apply to development that is prohibited or that may be carried out without development consent under this or any other environmental planning instrument.
(7)  In this clause:
environmentally sensitive area has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
residential zone means Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone B4 Mixed Use, Zone B6 Enterprise Corridor, Zone E3 Environmental Management or Zone E4 Environmental Living.
5.19   Pond-based, tank-based and oyster aquaculture
(1) Objectives The objectives of this clause are as follows:
(a)  to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,
(b)  to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.
(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following:
(a)  that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,
(b)  in the case of:
(i)  pond-based aquaculture or tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5 Large Lot Residential—that the development is for the purpose of small scale aquarium fish production, and
(ii)  pond-based aquaculture in Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii)  tank-based aquaculture in Zone R3 Medium Density Residential, Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and
(iv)  pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.
(3)  The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.
(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if:
(a)  the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and
(b)  the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.
(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider:
(a)  any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and
(b)  the NSW Oyster Industry Sustainable Aquaculture Strategy.
(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent:
(a)  on land that is wholly within a priority oyster aquaculture area, or
(b)  on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.
(7) Definitions In this clause:
aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.
extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.
NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).
priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.
Part 6 Urban release areas
6.1   Arrangements for designated State public infrastructure
(1)  The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2)  Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
(3)  Subclause (2) does not apply to:
(a)  any lot identified in the certificate as a residue lot, or
(b)  any lot created by a subdivision previously consented to in accordance with this clause, or
(c)  any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d)  a subdivision for the purpose only of rectifying an encroachment on any existing lot.
(4)  This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 93C of the Act).
6.2   Public utility infrastructure
(1)  Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.
(2)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
6.3   Relationship between Part and remainder of Plan
A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.
Part 7 Additional local provisions
7.1   Earthworks
(1)  The objectives of this clause are as follows:
(a)  to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b)  to allow earthworks of a minor nature without separate development consent.
(2)  Development consent is required for earthworks unless:
(a)  the work is exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the work is ancillary to other development for which development consent has been given.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters:
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b)  the effect of the proposed development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.
Note—
The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.
7.2   Flood planning
(1)  The objectives of this clause are as follows:
(a)  to minimise the flood risk to life and property associated with the use of land,
(b)  to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,
(c)  to avoid significant adverse impacts on flood behaviour and the environment.
(2)  This clause applies to:
(a)  land that is shown as “Flood planning area” on the Flood Planning Map, and
(b)  other land at or below the flood planning level.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:
(a)  is compatible with the flood hazard of the land, and
(b)  is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(c)  incorporates appropriate measures to manage risk to life from flood, and
(d)  is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and
(e)  is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.
(4)  A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual, published by the NSW Government in 2005, unless it is otherwise defined in this clause.
(5)  In this clause:
flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metres freeboard.
Flood Planning Map means the Tamworth Regional Local Environmental Plan 2010 Flood Planning Map.
7.3   Erection of rural workers’ dwellings on land in Zone RU1 and RU4
(1)  The objective of this clause is to ensure the provision of adequate accommodation for employees of existing agricultural or rural industries.
(2)  This clause applies to land in the following zones:
(a)  Zone RU1 Primary Production,
(b)  Zone RU4 Primary Production Small Lots.
(3)  Development consent must not be granted for the erection of a rural worker’s dwelling unless the consent authority is satisfied that:
(a)  the development will not impair the use of the land for agricultural and rural industries, and
(b)  there is a demonstrated economic capacity of the agricultural or rural industry being carried out on the land to support the ongoing employment of rural workers, and
(c)  the development is necessary considering the nature of the agricultural or rural industry land use lawfully occurring on the land or as a result of the remote or isolated location of the land, and
(d)  the development will not result in more than 1 rural worker’s dwelling being erected on the land comprising the agricultural or rural industry.
cl 7.3: Am 2011 (363), Sch 22 [30].
7.4   Development in Zone B1 and Zone B4
(1)  The objective of this clause is to ensure that proposed business premises, office premises, cellar door premises, food and drink premises, markets and shops are located within the Tamworth CBD and other local centres in the region, other than in Zone B1 Neighbourhood Centre or Zone B4 Mixed Use.
(2)  Development consent must not be granted to development for the purposes of business premises, office premises, cellar door premises, food and drink premises, markets or shops on land in Zone B1 Neighbourhood Centre or Zone B4 Mixed Use if the development would result in a building or premises having a gross floor area of more than 2,500 square metres.
(3)  This clause does not apply to the following:
(a)  Lot 8, DP 773136 at 67–81 Bridge Street, Tamworth,
(b)  Lots 1 and 2, DP 563441 and Lot 3, DP 222686 at Kathleen Street, Tamworth,
(c)  Lot 1, DP 803644 at 89 Marius Street, Tamworth and Lot 1, DP 70023 at 8 O’Connell Street, Tamworth.
cl 7.4: Am 2011 (363), Sch 22 [39] [40]; 2013 (56), Sch 1 [2].
7.5   Development within a designated buffer area
(1)  The objective of this clause is to protect the operational environment of sewage treatment plants, waste disposal facilities and water treatment facilities.
(2)  This clause applies to land identified as “STP”, “WDF” and “WTF” on the Sewage Treatment Plant Map, Waste Disposal Facility Map and Water Treatment Facilities Map.
(3)  Before granting development consent for development on land to which this clause applies, the consent authority must consider the following matters:
(a)  the impact that any noise and other emissions associated with existing land uses would have on the proposed development,
(b)  any proposed measures incorporated into the development that limit the impact of such noise and other emissions associated with the existing land use,
(c)  any opportunities to relocate the proposed development outside the land to which this clause applies,
(d)  whether the proposed development would adversely affect the operational environment of any existing development on the land to which this clause applies.
7.6   Development in flight path
(1)  The objectives of this clause are:
(a)  to provide for the effective and on-going operation of the Tamworth Airport, and
(b)  to ensure that any such operation is not compromised by proposed development in the flight path of that airport.
(2)  Development consent must not be granted to erect a building on land in the flight path of the Tamworth Airport if the proposed height of the building would exceed the obstacle height limit determined by the relevant Commonwealth body.
(3)  Before granting development consent to the erection of a building in the flight path of the Tamworth Airport, the consent authority must:
(a)  give notice of the proposed development to the relevant Commonwealth body, and
(b)  consider any comment made by the relevant Commonwealth body within 28 days of the body having been given notice of the proposed development, and
(c)  consider whether the proposed use of the building will be adversely affected by the exposure to aircraft noise.
(4)  For the purposes of this clause, land is in the flight path of the Tamworth Airport if the relevant Commonwealth body has notified the consent authority that the land is in such a flight path.
(5)  In this clause:
obstacle height limit means the land shown as “Obstacle Height Limitation” on the Obstacle Height Limitation Surface Height Map.
relevant Commonwealth body means the body that is responsible for development approvals for development that penetrates the Obstacle Height Limitation for the Tamworth Airport under Commonwealth legislation.
7.7   Development in areas subject to aircraft noise
(1)  This clause applies to development that:
(a)  is on land that:
(i)  is near an airport, and
(ii)  is in an ANEF contour of 20 or greater, and
(b)  the consent authority considers is likely to be adversely affected by aircraft noise.
(2)  Before determining a development application for development to which this clause applies, the consent authority:
(a)  must consider whether the development will result in an increase in the number of dwellings or people affected by aircraft noise, and
(b)  must consider the location of the development in relation to the criteria set out in Table 2.1 (Building Site Acceptability Based on ANEF Zones) in AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction, and
(c)  must be satisfied that the development will meet AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction with respect to interior noise levels for the purposes of:
(i)  if the development will be in an ANEF contour of 20 or greater—centre-based child care facilities, educational establishments, entertainment facilities, hospitals, places of public worship, public administration buildings or residential accommodation, and
(iii)  if the development will be in an ANEF contour of 25 or greater—business premises, hostels, hotel or motel accommodation, office premises or retail premises.
(3)  Before issuing a development consent to development on land identified as “Flight Training Path” on the Flight Training Path Map, the consent authority must consider measures for the insulation of any building on that land from aircraft noise
(4)  In this clause:
airport means a civil, military or joint civil and military airport.
ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour Map for that airport prepared by the Department of the Commonwealth responsible for airports.
cl 7.7: Am 2017 (493), Sch 1.2 [2].
7.8   Location of sex services premises and restricted premises
(1)  The objective of this clause is to ensure that sex services premises and restricted premises are not visually prominent from public places or other locations regularly frequented by children.
(2)  Development consent must not be granted to development for the purposes of sex services premises or restricted premises if the premises would be located on land that adjoins land, or is separated only by a road from land:
(a)  in Zone R1 General Residential or Zone RE1 Public Recreation, or
(b)  that is used for community, school (including pre-school), a centre-based child care facility, church or children’s sporting or recreational activities, or
(c)  that is used for sex services premises or restricted premises.
(3)  Development consent must not be granted to development for the purposes of sex services premises or restricted premises located in a mixed use development that contains a dwelling unless the consent authority is satisfied that the primary entrance of the premises is not on the same floor as the dwelling or any other place regularly frequented by children for recreational or cultural activities.
(4)  In deciding whether to grant consent for the purposes of sex services premises or restricted premises, the consent authority must take into account the impact the proposed development would have on any place that is regularly frequented by children for educational, recreational or cultural activities that adjoins or is in view of the proposed development.
cl 7.8: Am 2017 (493), Sch 1.8.
Schedule 1 Additional permitted uses
(Clause 2.5)
1A   Use of certain land at Armidale Road and Railway Street, Nemingha
(1)  This clause applies to Lots 1, 2, 26 and 27, DP 37341 at 508–514 Armidale Road and Lot 3, DP 37341 at 6 Railway Street, Nemingha.
(2)  Development for the purposes of a vehicle body repair workshop is permitted with development consent.
1   Use of certain land at 1 Edgeroy Street, South Tamworth
(1)  This clause applies to Lot 17/E, DP 223116 in Zone R1 General Residential at 1 Edgeroy Street, South Tamworth.
(2)  Development for the purposes of specialised retail premises is permitted with development consent.
2   (Repealed)
sch 1: Am 2014 (609), Sch 1 [2] [3]; 2014 (780), cl 4; 2015 (173), cl 5; 2018 (488), Sch 1.2.
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Dams (Zone RU1 Primary Production)
(1)  Embankment fill batter grades must not be steeper than 1:2.5 (vertical:horizontal).
(2)  Minimum distance from all property boundaries at closest point—10m.
(3)  Maximum fill embankment crest width—3m.
(4)  Minimum height difference between the embankment crest level and the spillway level—1m.
(5)  Maximum fill embankment height—3m (measured from ground level (existing) immediately down slope of the embankment to the top of the embankment crest level).
(6)  No trees may be removed or damaged for the construction.
(7)  Maximum water storage capacity—3ML.
Silos (Zone RU1 Primary Production)
(1)  Must be associated with primary production activities occurring on the subject land.
(2)  Must be constructed of prefabricated metal.
(3)  Must be transported to the site as a single unit, excluding ancillary attachments.
(4)  Must be freestanding and must not rely on other structures for support.
(5)  Must be erected in accordance with the manufacturer’s specifications or engineer’s certification.
(6)  Must not be erected within 20m of the street boundary.
(7)  Must be set back from other property boundaries at least a distance equal to the height of the silo plus 1m.
(8)  Must not encroach on any registered easements.
sch 2: Am 2014 (609), Sch 1 [4].
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
(When this Plan was made this Part was blank)
Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
Lower Somerton Rd, Attunga
Lot 34, DP 833404 Attunga Water Supply
Lower Somerton Rd, Attunga
Lot 111, DP 834487 Attunga Pump Station
68 Alice St, Barraba
Lot 1, DP 515756 Sewerage Pump Station—Alice St SPS
7 Askin Ave, Barraba
Lot 12, DP 243321 Vacant Land
Bent St, Barraba
Lot 1, DP 258804 Airstrip
Bent St, Barraba
Lot 3, DP 258804 Airstrip
Bent St, Barraba
Lot 5, DP 258804 Airstrip
Callose Dr, Barraba
Lot 43, DP 241078 Drainage Reserve
6–10 Cherry La, Barraba
Lot 5, Section 20, DP 758059 Drainage Reserve
6–10 Cherry La, Barraba
Lot 6, Section 20, DP 758059 Drainage Reserve
6–10 Cherry La, Barraba
Lot 7, Section 20, DP 758059 Drainage Reserve
77 Cherry St, Barraba
Lot 4, Section 10, DP 758059 Barraba Works Depot
77 Cherry St, Barraba
Lot 770, DP 1093104 Barraba Works Depot
77 Cherry St, Barraba
Lot 771, DP 1093104 Barraba Works Depot
77 Cherry St, Barraba
Lot 772, DP 1093104 Barraba Works Depot
7–9 Cooper St, Barraba
Lot 6, DP 238800 Rental Property
7–9 Cooper St, Barraba
Lot 7, DP 238800 Rental Property
14 Cooper St, Barraba
Pt Lot 8, Section 30, DP 758059 Sewerage Pump Station
14 Cooper St, Barraba
Pt Lot 9, Section 30, DP 758059 Sewerage Pump Station
Douglas St, Barraba
Lot 24, DP 236685 Drainage Reserve
Douglas St, Barraba
Lot 107, DP 236308 Gotha Drainage Reserve
Fitzroy St, Barraba
Lot 3, DP 507700 Drainage Reserve
15 Fitzroy St, Barraba
Lot 110, DP 236308 Drainage Reserve
15 Fitzroy St, Barraba
Lot 113, DP 236308 Drainage Reserve
15 Fitzroy St, Barraba
Lot 116, DP 236308 Drainage Reserve
15 Fitzroy St, Barraba
Lot 119, DP 236308 Drainage Reserve
65 Fitzroy St, Barraba
Lot 10, Section 6, DP 758059 Blacksmiths Court
79 Fitzroy St, Barraba
Lot 3, DP 547823 Vacant Land
79 Fitzroy St, Barraba
Lot 4, DP 547823 Vacant Land
79 Fitzroy St, Barraba
Lot 5, DP 547823 Vacant Land
Gotha St, Barraba
Lot 1, DP 311579 Vacant Land, Old Quarry
Gotha St, Barraba
Lot 2, DP 1039760 Vacant Land, Old Quarry
Gotha St, Barraba
Lot 106, DP 236308 Gotha Drainage Reserve
42 Henry St, Barraba
Lot 2, Section 18, DP 758059 Vacant Land
73 Henry St, Barraba
Lot 1, DP 243640 Vacant Land
10 Lockrey St, Barraba
Lot 9, DP 243146 Rental Property
11 Lockrey St, Barraba
Lot 11, DP 243146 Vacant Land
Manilla Rd, Barraba
Lot 14, DP 1046176 Main Rd No 63 (north)
Manilla Rd, Barraba
Lot 15, DP 1046176 Main Rd No 63 (north)
7–11 Maude St, Barraba
Lot 2, DP 506315 RFS Shed
8–10 Maude St, Barraba
Lot B, DP 390175 Medical Centre
8–10 Maude St, Barraba
Lot 1, DP 927285 Medical Centre
42 Queen St, Barraba
Lot 20, Section 18, DP 758059 Vacant Land
44 Queen St, Barraba
Lot 19, Section 18, DP 758059 Vacant Land
108 Queen St, Barraba
Lots 1 and 2, DP 22936 Barraba Library
110 Queen St, Barraba
Lot 3, DP 22936 Barraba Library and Bus Stop
146 Queen St, Barraba
Lot 1, DP 62014 Barraba Pre School
146 Queen St, Barraba
Lot 2, DP 62014 Barraba Pre School
146 Queen St, Barraba
Lot 1, DP 210364 Barraba Swimming Pool
22–24 Railway St, Barraba
Lot 12, DP 655682 Vacant Land
22–24 Railway St, Barraba
Lot 147, DP 664981 Vacant Land
22–24 Railway St, Barraba
Lot 4, DP 806998 Vacant Land
25–27 Range St, Barraba
Lot 1, DP 569618 Range Street Reservoir
34–60 Range St, Barraba
Lot 4, DP 584812 Water Treatment—Barraba
Williams St, Barraba
Lot 1, DP 434465 Sewerage Treatment and Effluent Re-use
19 Wilson Ave, Barraba
Lot 331, DP 810945 Vacant Land
Woodsreef Road, Barraba
Lot 1, DP 780587 Connors Creek Dam Pump Station
Eagle Ave, Calala
Lot 79, DP 1116672 Drainage Reserve
3 Harrier Pde, Calala
Lot 1, DP 629588 Sewerage Pump Station No 3
66 Harrier Pde, Calala
Lot 40, DP 1073420 Drainage Reserve
41a Raglan St, East Tamworth
Lot 4, DP 781317 Currawong Park Drainage Reserve
Greg Norman Dr, Hillvue
Lot 232, DP 806047 Warwick Road Reserve
Greg Norman Dr, Hillvue
Lot 20, DP 844211 Greg Norman Drive Reserve
Greg Norman Dr, Hillvue
Lot 37, DP 802373
Greg Norman Dr, Hillvue
Lot 13, DP 843895 Greg Norman Drive Reserve
Greg Norman Dr, Hillvue
Lot 17, DP 844052 Warwick Road Reserve
The Heights, Hillvue
Lot 35, DP 1097972 Drainage Reserve
Warwick Rd, Hillvue
Lot 12, DP 843895 Warwick Road Reserve
Warwick Rd, Hillvue
Lot 38, DP 882452 Warwick Road Reserve
New England Hwy, Kootingal
Lot 2, DP 804438 Kootingal Sewerage Works
Court St, Manilla
Lot 16, DP 238644 Vacant Land
Court St, Manilla
Lot 14, DP 238644 Louis Johnson House
Court St, Manilla
Lot 15, DP 238644 Louis Johnson House
Dowe St, Manilla
Lot 221, DP 752178 Manilla STP
Ratcliffe Ave, Manilla
Lot B, DP 328435
Ratcliffe Ave, Manilla
Lot 220, DP 752178 Manilla STP
Ratcliffe Ave, Manilla
Lot 222, DP 752178 Manilla STP
Ratcliffe Ave, Manilla
Lot 223, DP 752178 Manilla STP
Ratcliffe Ave, Manilla
Lot 224, DP 752178 Manilla STP
Rowan St, Manilla
Lot 6, Section 4, DP 758644 Part Road Reserve
Station St, Manilla
Lot 5, DP 1016767 SES/RFS Headquarters
Station St, Manilla
Lot 7, DP 1016767 VRA Building
Strafford St, Manilla
Lot 20, Section 26, DP 758644 Fire Brigade Shed
Strafford St, Manilla
Lot 20, Section 26, DP 758644 Fire Brigade Shed
Browns La, Moore Creek
Lot 156, DP 1110030 Drainage Reserve
Moore Creek Rd, Moore Creek
Lot 17, DP 1116435 Drainage Reserve
Moore Creek Rd, Moore Creek
Lot 18, DP 1116435 Drainage Reserve
Moore Creek Rd, Moore Creek
Lot 19, DP 1116435 Drainage Reserve
Sequoia Dr, Moore Creek
Lot 157, DP 1110030 Drainage Reserve
Calala La, Nemingha
Lot 2, DP 621747 Peel River Pump Station—Water
Calala La, Nemingha
Lot 3, DP 621747 Peel River Pump Station—Water
Calala La, Nemingha
Lot 4, DP 621747 Peel River Pump Station—Water
New England Highway, Nemingha
Lot 3, DP 859744 Vacant Land—Water
Bourke St, North Tamworth
Lot 1, DP2306–3100 Victoria Park Reservoir
Browns La, North Tamworth
Lot 9, DP 1085867 Drainage Reserve
Daruka Rd, North Tamworth
Lot 11, DP 1009519 Two Way Radio Tower
North St, North Tamworth
Lot 1, DP 337204 Drainage Reserve
North St, North Tamworth
Lot 2, DP 618469 Drainage Reserve
4 North St, North Tamworth
Lot 1, DP 337151 Drainage Reserve
Dungowan Dam Rd, Ogunbil
Lot 61, DP 234569 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 1, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 10, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 11, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 12, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 14, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 16, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 18, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 2, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 20, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 27, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 28, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 32, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 34, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 4, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 7, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 9, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 23, DP 755351 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 24, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 28, DP 755351 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 29, DP 755339 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 30, DP 755351 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 33, DP 755351 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 35, DP 755351 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 48, DP 755351 Dungowan Dam
Dungowan Dam Rd, Ogunbil
Lot 49, DP 755351 Dungowan Dam
51–67 Higgins La, Oxley Vale
Lot 39, DP 1022942 Drainage Reserve
62a Manilla Rd, Oxley Vale
Lot 15, DP 247496 Deny Access
Orley Dr, Oxley Vale
Lot 41, DP 1099892 Drainage Reserve
Hillvue Rd, South Tamworth
Lot 161, DP 1048366 Drainage Reserve
6–44 Britten Rd, Taminda
Lot 4, DP 32550 Swan St STP Utilisation Area
6–44 Britten Rd, Taminda
Lot 5, DP 32550 Swan St STP Utilisation Area
6–44 Britten Rd, Taminda
Lot 6, DP 32550 Swan St STP Utilisation Area
6–44 Britten Rd, Taminda
Lot 7, DP 32550 Swan St STP Utilisation Area
6–44 Britten Rd, Taminda
Lot 8, DP 32550 Swan St STP Utilisation Area
6–44 Britten Rd, Taminda
Lot 9, DP 32550 Swan St STP Utilisation Area
63–65 Hume St, Taminda
Lot 80, DP 47195 Ring Road
Jewry St, Taminda
Lot 42, DP 975280 Carter St Sporting Fields
Jewry St, Tamworth
Lot 142, DP 1109647 Carter St Sporting Fields
Plain St, Tamworth
Lot 143, DP 1109647 Carter St Sporting Fields
Showground Rd, Tamworth
Lot 1, DP 633198 Drainage Reserve
43A Bourne Street, West Tamworth
Lot 158, DP 237268 Centenary Park
Cole Rd, West Tamworth
Lot 36, DP 773014 Ring Road
6 Hamilton Court, West Tamworth
Lot 126, DP 811981 Centenary Park
58–60 Frederick St, Woolomin
Lot 5, DP 759117 Woolomin RFS Shed
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
38 Ridge St, Attunga
Lot 3, DP 793161
Nil
Maude St, Barraba
Section 7, DP 758059 Unnumbered Lot
Nil
71 Queen St, Barraba
Lot 2, DP 583209 Nandewar Historical Society
Nil
80 Wittens La, Barraba
Lot 205, DP 752197 Old Rubbish Depot
Nil
Wittens La, Barraba
Lot 122, DP 873257 New Rubbish Depot
Nil
12–16 Campbell Rd, Calala
Lot 2, DP 793151 Village Park
Nil
410 Armidale Rd, East Tamworth
Lot 10, DP 237064 Armidale Road Reserve
Nil
24 Carinya Ave, Manilla
Lot 174, DP 584540 Manilla Pre School
Nil
123a Forest Rd, Moore Creek
Lot 1, DP 876543 Tamworth Rubbish Depot
Nil
Ogunbil Rd, Ogunbil
Lot 1, DP 587343 Dungowan Water Main Pump
Nil
Ogunbil Rd, Ogunbil
Lot 2, DP 587343 Dungowan Water Main Pump
Nil
Ogunbil Rd, Ogunbil
Lot 1, DP 212610 Ogunbil RFS Shed
Nil
Hillvue Rd, South Tamworth
Lot 21, DP 808368 Hillvue Rd Reserve
Nil
64–68 Wilburtree St, South Tamworth
Lot 16, DP 258197 Wilga Park
Nil
561 Peel St, Tamworth
Lot 93, DP 832628 Visitors Information Centre and H. Jacks
Nil
Cole Road, West Tamworth
Lot 11, DP 261929 Park No 48
Nil
62 Northview St, West Tamworth
Lot 52, DP 218403 Hathaway Park
Nil
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
sch 4: Am 2013 (425), Sch 1.
Schedule 5 Environmental heritage
(Clause 5.10)
Locality
Item name
Address
Property description
Significance
Item no
Appleby
“Matilda Park”
Appleby Lane
Corner Lot 12, DP 850174
Local
I001
Appleby
“Silverweir”
Appleby Lane
Lots 1 and 2, DP 162586
Local
I002
Attunga
Attunga Hall
Attunga Street
Part Lot 16, DP 728377
Local
I003
Attunga
Attunga Silos
Attunga Street
Lot 1, DP 814784
Local
I004
Attunga
Attunga Youth Hall
11–15 Attunga Street
Lots 6–8, Sec 7, DP 758039
Local
I006
Attunga
“Innes Cottage”
23 Attunga Street
Lot 2, Sec 7, DP 758039
Local
I007
Attunga
Old Police Station
40 Attunga Street
Lot 1, Sec 1, DP 758039
Local
I009
Attunga
Old Bakery and Residence
62 Attunga Street
Lot 4, DP 4927
Local
I010
Attunga
“Wyaralong” Homestead
Manilla Road
Lot 102, DP 715168; Lot 2, DP 226084
Local
I012
Attunga
Attunga Hotel
1–3 Manilla Road
Lots 7 and 8, Sec 4, DP 758039
Local
I013
Attunga
Attunga Cemetery
Ridge Street
Lots 10–14, DP 114775; unnumbered lots, DP 753834
Local
I014
Attunga
Christ Church Anglican
Ridge Street
Lot 12, DP 635002; Lot 269, DP 758039
Local
I015
Attunga
Roman Catholic Church
Ridge Street
Corner Lot 9, Sec 2, DP 758039
Local
I016
Attunga
Sulcor Limestone Mine Kilns
Sulcor Road
Lot A, DP 398256; Lot 1, DP 187223; Lot 1, DP 312169; Lots 1 and 2, DP 559907; Lot 10, DP 706592
Local
I017
Barraba
Residence
11 Alice Street
Lot 1, DP 80632
Local
I018
Barraba
Residence
24 Alice Street
Lot 1, Sec 9, DP 758059
Local
I019
Barraba
Residence
69 Cherry Street
Lot 10, DP 667567
Local
I020
Barraba
Residence
25 Cooper Street
Lot 1, DP 238800; Lot 1, DP 546390
Local
I021
Barraba
“Ivanhoe” Residence
37 Edward Street
Lots 102 and 104, DP 608118
Local
I022
Barraba
Residence
55 Edward Street
Lot 5, DP 238577
Local
I023
Barraba
Barraba Senior Citizens Centre
50 Fitzroy Street
Lot 1, DP 67137; Lot 1, DP 156909; Lot 2, DP 515755
Local
I024
Barraba
St Laurence’s Church of England, Church Vicarage, Parish Hall
52–54 Fitzroy Street
Part Lots 15 and 16; Lots 17–19, Sec 9, DP 758059; Lot A, DP 404169
Local
I025
Barraba
Residence
53 Fitzroy Street
Lot 1, DP 798695; Lot A, DP 931678
Local
I026
Barraba
St John’s Catholic Church, Hall and Residence
58–64 Fitzroy Street
Lots 17–19, Sec 5, DP 758059
Local
I027
Barraba
Residence
63 Fitzroy Street
Lot 1, DP 4118
Local
I028
Barraba
Residence
97 Fitzroy Street
Lot 3, DP 70849
Local
I029
Barraba
Barraba District Hospital
Gotha Street
Lot 1, DP 114837; Lots 1–3, DP 618268; Lots 12–15 and 18, Sec 16, DP 758059
Local
I030
Barraba
Barraba Primary School
Gotha Street
Lot 188, DP 729694
Local
I031
Barraba
Residence
43 Gotha Street
Lot 10, Sec 7, DP 758059
Local
I032
Barraba
Residence
31 Henry Street
Lot B, DP 328629
Local
I034
Barraba
Tarpoly Creek Railway Bridge
Main Road 63—20.25km south of Barraba
Lot 7009, DP 1056182
Local
I035
Barraba
Residence
34 Maude Street
Lot 1, DP 405116; Lot 8, Sec 6, DP 758059
Local
I036
Barraba
Residence
38 Maude Street
Lot 6, Sec 6, DP 758059
Local
I037
Barraba
Barraba Showground and Racecourse
Mulwaree Road
Lot 8, DP 258804; Lots 233 and 234, DP 577664; Lot 71, DP 606756
Local
I038
Barraba
Great War Memorial (clock tower)
Queen and Maude Streets intersection
Road Segment No 135277
Local
I039
Barraba
Residence
48 Queen Street
Lot 17, Sec 18, DP 758059
Local
I040
Barraba
Uniting Church
53–55 Queen Street
Lot 12, DP 576670
Local
I041
Barraba
Nandewar Historical Society Building
71 Queen Street
Lot 2, DP 583209
Local
I042
Barraba
Service Station
73 Queen Street
Lot 1, DP 580054; Lot 1, DP 583209
Local
I043
Barraba
The Claypan & Fuller Gallery
74 Queen Street
Lots A–C, DP 161796
Local
I044
Barraba
Shop
79 Queen Street
Lot C, DP 390775
Local
I045
Barraba
Victoria Hotel
82 Queen Street
Lot 1, DP 555447
Local
I046
Barraba
Shop
83 Queen Street
Lot 1, DP 228573
Local
I047
Barraba
Wold’s Buildings
84–88 Queen Street
Lot 1, DP 199605
Local
I048
Barraba
Treloar Building
85–87 Queen Street
Lots 2 and 3, DP 228573
Local
I049
Barraba
Shop
92 Queen Street
Part Lot 103, DP 853536
Local
I050
Barraba
Shop
99 Queen Street
Lot 92, DP 802301
Local
I051
Barraba
Clifton Hall
100 Queen Street
Lot 2, DP 301428
Local
I052
Barraba
Shop and library
102 and 108 Queen Street
Lot 1, DP 301428; Lot B, DP 307344; Lots 1 and 2, DP 22936
Local
I053
Barraba
Jacob’s Building (Barraba Information Centre)
114–116 Queen Street
Lot 5, DP 22936
Local
I054
Barraba
Hotel
121 Queen Street
Lot 1, DP 195910; Lot 2, DP 81384
Local
I055
Barraba
Former Court House
127 Queen Street
Part Lot 6, Sec 5, DP 758059
Local
I056
Barraba
Bank
129 Queen Street
Lot 7, DP 137242
Local
I057
Barraba
Commercial Hotel
136 Queen Street
Lot 1, DP 205458
Local
I059
Barraba
Residence
29 Rodney Street
Lot C, DP 942620
Local
I060
Barraba
Morrow’s Row (residence)
1–3 Savoy Street
Lot 11, Sec 4, DP 758059
Local
I061
Barraba
Morrow’s Row (residence)
5 Savoy Street
Lot 9, DP 38154
Local
I062
Barraba
Morrow’s Row (residence)
7 Savoy Street
Lot 8, DP 38154
Local
I063
Barraba
Morrow’s Row (residence)
9 Savoy Street
Lot 7, DP 38154
Local
I064
Barraba
Morrow’s Row (residence)
11 Savoy Street
Lot 6, DP 38154
Local
I065
Barraba
Morrow’s Row (residence)
13 Savoy Street
Lot 5, DP 38154
Local
I066
Barraba
Morrow’s Row (residence)
15 Savoy Street
Lot 4, DP 38154
Local
I067
Barraba
Morrow’s Row (residence)
17 Savoy Street
Lot 3, DP 38154
Local
I068
Barraba
Morrow’s Row (residence)
19 Savoy Street
Lot 2, DP 38154
Local
I069
Barraba
Morrow’s Row (residence)
21 Savoy Street
Lot 1, DP 38154
Local
I070
Barraba
Residence
26 Savoy Street
Lot 2, DP 219840
Local
I071
Barraba
Barraba Cemetery
West Street
R 63304
Local
I073
Barraba
“Angelsea” Residence
Woodsreef Road
Lots 7 and 8, DP 114267; Part Lots 43 and 53, Lots 60, 61, 56, 66 and 79, DP 752200
Local
I074
Bective
“Bon Accord”
Corner Appleby Lane and Oxley Highway
Lot 13, DP 849425
Local
I075
Bective
Bective Station
Bective Station Oxley Highway
Lots 7–11, 14–17, 19, 32, 37, 44, 50–56, 74–77, 88–92, 96, 97, 116, 117, 157, 158, 172, 179 and 189, and Part Lots 13 and 33, DP 753833; Lots 1–3, DP 127874; Lots 1–6, DP 127895; Lot 1, DP 205381
Local
I076
Bective
Brigalow Reserve
Bective Station Oxley Highway Reserve No 200016
Lot 1, DP 128153; Lot 14, DP 127893; Lot 186, DP 755319; Lot 7, DP 127893; Lot 7003, DP 1028534; Lot 7004, DP 1028534
Local
I077
Bendemeer
“Airlie” Station House, “Airlie” Station Woolshed
Airlie Station Road
Lots 52, 72, 97, 98 and 103–109, DP 753831
Local
I078
Bendemeer
St Stephen’s Anglican Church
Caroline Street
Corner Lot 1, Sec 19, DP 758090
Local
I080
Bendemeer
Bendemeer Cemetery
Caroline Street
Lots 3, 4, 7, 8, 10 and 11, DP 264250; Lots 1–3, Sec 35 and Lots 1–5, Sec 36, DP 758090
Local
I081
Bendemeer
Residence
50 Caroline Street
Lot 11, DP 817466
Local
I082
Bendemeer
Residence
72 Caroline Street
Lot 8, Sec 21, DP 758090
Local
I083
Bendemeer
Bendemeer Hall
87–89 Caroline Street
Lots 18 and 19, Sec 19, DP 758090
Local
I084
Bendemeer
Former Bendemeer Post Office
99–102 Caroline Street
Lots 4 and 5, Sec 23, DP 758090
Local
I085
Bendemeer
General Store and Stable
109–111 Caroline Street
Lots 14 and 15, Sec 17, DP 758090
Local
I079
Bendemeer
Bendemeer Hotel
112–130 Caroline Street
Lots 1–10, Sec 24, DP 758090
Local
I086
Bendemeer
Former Bendemeer Butchery and Residence
113–115 Caroline Street
Lot 13, Sec 17, DP 758090
Local
I087
Bendemeer
Church
135–139 Caroline Street
Lots 8–11, Sec 16, DP 758090
Local
I088
Bendemeer
Bendemeer Cafe
141–143 Caroline Street
Lots 15–18, Sec 15, DP 758090
Local
I089
Bendemeer
Blair Graves
155 Caroline Street
Lots 8 and 9, Sec 15, DP 758090
Local
I090
Bendemeer
Bendemeer Police Station
157 Caroline Street
Lot 702, DP 1125520
Local
I091
Bendemeer
Bendemeer Public School
Charles Street
Lots 234 and 235, DP 729430
Local
I092
Bendemeer
Timber Bridge over Macdonald River
Havannah Street
 
Local
I093
Bendemeer
“Haning” and “Haning” Graveyard
Longford Retreat Road
Lots 2–5, 15, 16, 20–23, 26–28, 30–32, 45 and 104–105, Part Portion 29, DP 753839; Lots 3–8, DP 251609
Local
I094
Bendemeer
“Longford Station”
Longford Retreat Road
Lots 2, 4, 9, 10, 12–17, 19, 33–35, 38, 39, 41, 44–47, 50, 53, 88, 93, 94, 120 and 124, Part Portions 48 and 49, DP 753850; Lot 1, DP 778828
Local
I095
Bendemeer
“Bendemeer” Station, “Bendemeer” Station Graves, “Bendemeer” Station Woolshed
New England Highway
Lot 2, DP 156594
Local
I096
Bendemeer
“Yaccamunda”
Rocky Gully Road
Lot 1, DP 1101440
Local
I097
Bithramere
Old School
Bithramere Lane
Lot 44, DP 548924
Local
I098
Bowling Alley Point
Bowling Alley Point Cemetery
Anderson’s Flats
Lot 7013, DP 96292
Local
I099
Bowling Alley Point
Bowling Alley Point School
Bowling Alley Point
Lot 56, DP 755324
Local
I100
Bowling Alley Point
Iron Footbridge
Recreation Reserve Chaffey Dam
Within DP 755324
Local
I101
Bowling Alley Point
Uniting Church
River Road
Lot 41, DP 755324
Local
I102
Bowling Alley Point
Bowling Alley Point Geological Site
River Road
Lot 282, DP 755324
Local
I103
Daruka
Daruka Station
80 Wyndham Close
Lot 200, DP 1040669
Local
I104
Dungowan
Dungowan Store and Bakery
Nundle Road
Part Portion 22, DP 755337; Lot 1, DP 254341
Local
I106
Dungowan
Former Butchery
Nundle Road
Lot 1, DP 375009
Local
I108
Dungowan
Former Manvell’s Bakery
Nundle Road
Lot 1, DP 307297
Local
I109
Dungowan
Roman Catholic Church, former Catholic Convent, former Catholic School Site
Nundle Road
Lot 2, DP 24002; Lot 1, DP 950284
Local
I110
Dungowan
Dungowan Cemetery
Ogunbil Road
Lot 139, DP 755337
Local
I111
Dungowan
Dungowan Memorial Hall
Ogunbil Road
Lot 35, DP 755337
Local
I112
Dungowan
St Thomas’ Anglican Church
Ogunbil Road
Lot 143, DP 755337
Local
I113
Dungowan
Dungowan Public School
137 Ogunbil Road
Lots 1 and 38, DP 755337
Local
I114
Duri
Duri Silos
Duri Street
Lot 1, DP 819872
Local
I116
Duri
Duri Community Hall
2 Duri Street
Lots 6–8, Sec 13, DP 758368
Local
I117
Duri
Former Catholic Church
Corner Tangaratta Street and Warral Road
Corner Lot 5, Sec 10, DP 758368
Local
I120
Garthowen
“Glenview”
Garthowen Road
Lot 1, DP 957571
Local
I123
Gidley
Gidley Silos
968 Wallamore Road
Lot 1, DP 819859
Local
I124
Goonoo Goonoo
Goonoo Goonoo Homestead and Associated Outbuildings, Shearing Shed, The Inn, The Graves, The Chapel, Cottage Number 1—The Cook’s House, Cottage Number 2—The Jackaroo’s Quarters, Cottage Numbers 3, 4, 5, 7, 8, 9, 10, 11, Shearer’s Quarters, Stables, Farrier’s Shed, Car Shed, Machinery Shed, Machine Workshop, Smoko Room, Office, Main Homestead, Dairy, Stone Store and Post Office, Cool Room, Tack Room, The Church
New England Highway via Tamworth
Lot 1, DP 1102382; Lot 64, DP 755343
Local
I125
Gowrie
“The Church”
Gowrie Road
Lot 191, DP 755327
Local
I126
Gowrie
Old Gowrie School
Sweenys Lane
Lots 203 and 204, DP 39485
Local
I127
Hallsville
Former Hallsville Hall
Manilla Road
Lot 48, DP 753851
Local
I128
Hallsville
Former School
Manilla Road
Lot 2, DP 48671
Local
I129
Hallsville
Methodist Church and Cemetery
Manilla Road
Lots 2 and 3, DP 164098; Lot 1, DP 195874
Local
I130
Hallsville
Oxley Memorial Anchor
Corner Manilla and Anchor Roads (Public Reserve)
Lots 22 and 23, DP 240530
Local
I131
Hallsville
Old Post Office, “Glenlui”
1265 Manilla Road
Lot 3, DP 231618
Local
I132
Hallsville
School Residence
327 Meldorn Lane
Lot 1, DP 48671
Local
I133
Hanging Rock
Black Snake Gold Mine
Barry Road
Lot 440, DP 822503
Local
I134
Hanging Rock
Sheba Dam Gatekeeper’s Slab Cottage
Barry Road, Sheba Dam
Lot 7003, DP 96506
Local
I135
Hanging Rock
Residence
751 Barry Road
Lot 4, DP 626927
Local
I136
Hanging Rock
Hanging Rock Historic Cemetery
Forest Way
Lot 7002, DP 1030465
Local
I137
Kootingal
Limbri Church
Church Street
Lot 80, DP 791481
Local
I139
Kootingal
Former Limbri Store and Post Office
3 Church Street
Lots 77 and 120, DP 753837
Local
I140
Kootingal
Moonby House, Out House and Graves
52 Churchill Drive, Moonbi
Lot 4, DP 706876; Lots 78 and 79, DP 37123
State
I141
Kootingal
Kootingal Police Station
Denman Avenue
Lot 261, DP 753841
Local
I142
Kootingal
Kootingal School
Denman Avenue
Lots 199 and 210, DP 758584; Lot 283, DP 821670
Local
I143
Kootingal
War Memorial—Memorial Park
Denman Avenue
Lots 1 and 2, Sec 2, DP 758584
Local
I144
Kootingal
St Luke’s Uniting Church
Corner Denman Avenue and Sandy Roads
Lot 14, Sec 1, DP 758584
Local
I146
Kootingal
St Andrew’s Anglican Church
Corner Gate Street and Denman Avenue
Lots 1 and 2, DP 597443
Local
I147
Kootingal
Kootingal Gate House
Gate Street
Lot 1, DP 814708
Local
I148
Kootingal
Kootingal Hotel
18–20 Gate Street
Lot 41, DP 5695
Local
I149
Kootingal
Limbri Gatehouse
Corner Limbri Road and Mulla Creek Road
Lot 44, DP 846377
Local
I152
Kootingal
Limbri School
Limbri Road
Lot 1, DP 1089996
Local
I155
Kootingal
“Tyrone” Residence
10 Limbri Road
Lots 108–113 and 132–135, DP 753837
Local
I156
Kootingal
“Kissing Gate”
Railway Land—Limbri Village
 
Local
I154
Loomberah
Loomberah War Memorial Hall
Corner Duri and Dungowan Roads
Lot 273, DP 587455
Local
I157
Manilla
Manilla Central School
Arthur Street
Lot 204, DP 752191
Local
I158
Manilla
Residence
94 Arthur Street
Lot 1, DP 313167; Lot 1, DP 329932
Local
I159
Manilla
Residence
96 Arthur Street
Lots 180 and 181, DP 758644; Lot C, DP 101081
Local
I160
Manilla
The Sunken Dairy on the property known as “Buena Vista”
Buena Vista Road
Lots 1–3, DP 722207; Lots 8, 9, 15, 47–50, 92, 96 and 97, DP 752199; Part Lot 12 and Lots 15, 17–19, 35 and 36, DP 752204
Local
I161
Manilla
Factory
Court Street
Lot 22, DP 554245
Local
I162
Manilla
Manilla RSL
Court Street
Lot 21, DP 554245
Local
I163
Manilla
Original Manilla Hospital Building
Court Street
Lot 14, DP 814059
Local
I164
Manilla
St Michael’s Catholic Church
Court Street
Lots 189 and 192, DP 752191; Lot 10, DP 1002217
Local
I165
Manilla
Residence/Police Station
Court Street
Lot 701, DP 93885
Local
I174
Manilla
Manilla Masonic Centre
56 Court Street
Lot D, DP 3681
Local
I166
Manilla
Girl Guides Manilla
68 Court Street
Lot B, DP 102992
Local
I167
Manilla
Residence
78 Court Street
Lot 1, DP 577480
Local
I168
Manilla
Residence
92 Court Street
Lot 9, Sec 3, DP 5787
Local
I169
Manilla
Residence
94 Court Street
Lot 10, Sec 3, DP 5787
Local
I170
Manilla
Grantham’s Stone Bridge
102–106 Court Street
Lot 2, DP 564484
Local
I171
Manilla
Residence
105 Court Street
Lot 2, DP 736232
Local
I172
Manilla
Residence
113 Court Street
Lots 1 and 2, DP 619206
Local
I173
Manilla
Residence
5 Hill Street
Lot 6, Sec 2, DP 5787
Local
I175
Manilla
Residence
8 Hill Street
Lot 151, DP 546573
Local
I176
Manilla
Holy Trinity Anglican Church
10 Hill Street
Lots 19 and 20, Sec 1, DP 5787
Local
I177
Manilla
Residence
14 Hill Street
Lot 18, Sec 1, DP 5787
Local
I178
Manilla
Upper Manilla Road Bridge
Main Road 63
 
Local
I180
Manilla
Manilla St Clock
Centre Manilla and Strafford Streets intersection
Manilla Strafford Road Segment No 130369
Local
I181
Manilla
German Machine Gun and Russian Canon (Memorial) Rotary Park
Manilla Street
Lot 7, DP 664044; Lot 6, Sec 24, DP 758644
Local
I182
Manilla
Manilla Courthouse
64 Manilla Street
Part Reserve 12927
Local
I184
Manilla
Courthouse Hotel
85 Manilla Street
Lot 1, DP 920421
Local
I185
Manilla
Shops
103 Manilla Street
Part Lot B, DP 384820
Local
I186
Manilla
Residence
119–121 Manilla Street
Lot 1, DP 310250
Local
I187
Manilla
Residence
127 Manilla Street
Lot 1, DP 3458; Lot 1, DP 1101836
Local
I188
Manilla
Post Office Hotel
146 Manilla Street
Lot 11, DP 604620
Local
I189
Manilla
Bank of New South Wales Building
147 Manilla Street
Lot A, DP 928271
Local
I190
Manilla
Royal Hotel
153–159 Manilla Street
Part Lot 5, Sec 21, DP 758644
Local
I191
Manilla
Manilla Post Office
164 Manilla Street
Lot 1, DP 619891
Local
I192
Manilla
New England Credit Union Building
168 Manilla Street
Lot 1, DP 334874; Lot 2, DP 955341
Local
I193
Manilla
Manilla and District Soldiers Memorial Hall
193 Manilla Street
Lot 13, Sec 21, DP 758644
Local
I194
Manilla
Residence
194–196 Manilla Street
Lot B, DP 367103
Local
I195
Manilla
Butcher shop
195 Manilla Street
Lot 2, DP 662653
Local
I196
Manilla
Royce Cottage, Yarramanbully School Building (Upper Manilla School) and Chinese Pioneers Memorial Garden
197 Manilla Street
Lot 1, DP 652667; Lot 1, DP 659730; Lot 1, DP 659730
Local
I197
Manilla
Shop
200 Manilla Street
Lot A, DP 367103
Local
I198
Manilla
Manilla Pharmacy Building
204–208 Manilla Street
Lot 62, DP 559389
Local
I199
Manilla
Residence
227 Manilla Street
Lot 5, DP 167643
Local
I200
Manilla
Imperial Hotel
230–238 Manilla Street
Lot 81, DP 603639; Lot 9, Sec 26, DP 758644
Local
I201
Manilla
Manilla Motors
240 Manilla Street
Lot 1, Sec 3, DP 8900; Lot 1, DP 715588
Local
I202
Manilla
Residence
272 Manilla Street
Lot 7, Sec 10, DP 758644
Local
I203
Manilla
Residence
44 Market Street
Lot 3, DP 105048
Local
I205
Manilla
Manilla General Cemetery
Namoi River Road
DP 752201
Local
I206
Manilla
Railway Viaduct across the flood plain
East to West from Namoi Street to Main Road 357
 
Local
I207
Manilla
Residence
64 Namoi Street
Lot 7A, DP 369222
Local
I208
Manilla
Residence
67 Namoi Street
Lot 15, Sec 26, DP 758644
Local
I209
Manilla
Residence
73 Namoi Street
Lot 131, DP 715040
Local
I210
Manilla
Residence
104 Namoi Street
Lot 6, DP 1133213
Local
I211
Manilla
Residence “Avonlea”
13 Railway Parade
Lot 6, DP 758644
Local
I212
Manilla
Residence “Conurra”
Ratcliffe Avenue
Lots 228–230, DP 752178
Local
I213
Manilla
Junction of Manilla and Namoi Rivers
River Street
Lot 56, DP 752201
Local
I214
Manilla
Manilla Historical Cemetery
River Street
Lot 2, Sec 42, DP 758644
Local
I215
Manilla
Manilla Showground
River Street
Lot 277, DP 752191
Local
I216
Manilla
Residence
83 River Street
Lot 1, DP 196021
Local
I217
Manilla
Residence
98 River Street
Lot 212, DP 752191
Local
I218
Manilla
St Andrew’s Presbyterian Church
Rowan Street
Lots A and B, DP 3681
Local
I219
Manilla
The Abbey
43–45 Rowan Street
Lot 11, DP 1002217
Local
I220
Manilla
Residence “Ngundi”
64 Rowan Street
Lot C, DP 310836
Local
I221
Manilla
Residence
80 Rowan Street
Lot 1, DP 300965
Local
I222
Manilla
Residence
94 Rowan Street
Lots 81 and 82, DP 527575
Local
I224
Manilla
Residence
106 Rowan Street
Lot 2, DP 326746
Local
I225
Manilla
Residence “Mayvale”
Rushes Creek Road
Lot A, DP 393149
Local
I228
Manilla
Manilla Railway Station
South Street
Land Number 301545
Local
I229
Manilla
Scout Hall
Strafford Street
Lots 18 and 19, Sec 26, DP 758644
Local
I230
Manilla
Uniting Church and Uniting Church Hall
Strafford Street
Lot 11, DP 789958
Local
I231
Manilla
Residence
42 Strafford Street
Lot 1, DP 570131
Local
I233
Manilla
Residence
46–48 Strafford Street
Lot 1, DP 924060
Local
I234
Manilla
Residence
50 Strafford Street
Lot 1, DP 919838
Local
I235
Manilla
Residence
56 Strafford Street
Lot 6, DP 664043
Local
I237
Manilla
Residence
57 Strafford Street
Lot 4, DP 570463
Local
I238
Manilla
Residence
67 Strafford Street
Lots 1–3, Sec 2, DP 5787
Local
I239
Manilla
Residence
68 Strafford Street
Lots 3 and 4, Sec 5, DP 5787
Local
I240
Manilla
Residence
78 Strafford Street
Lot 9, Sec 6, DP 5787
Local
I241
Manilla
Residence
79 Strafford Street
Lot 3, Sec 3, DP 5787
Local
I242
Manilla
Manilla Road Bridge/Namoi River Bridge
Main Road 63 Manilla Street—Over the Namoi River between Market Street and Charles Street
 
Local
I243
Moonbi
Moonbi War Memorial Hall and Recreation Reserve
49–73 Gill Street
Lot 8, DP 1107105
Local
I245
Moonbi
Kootingal/Moonbi Cemetery and Chinaman’s Grave Trees
Corner Mathew Street and Thomas Street
Lot 1–7, DP 1041237
Local
I246
Moonbi
Cellar storeroom of Coach and Horses Inn
New England Highway
Lots 1 and 2, Sec 2, DP 758701
Local
I247
Moonbi
Moonbi Lookout
New England Highway North
Lot 11, DP 263358
Local
I248
Moonbi
Concrete Bridge, New England Highway North (Monier Arch Bridge)
New England Highway North—Adjacent to Highway deviation between two Moonbi Hills (Kootingal)
 
Local
I249
Moore Creek
“Australia Arms”
Corner of Arthur and Holroyd Street
Lots 1, 2 and 13–16, Sec 20, DP 758702; Lots 1–5, 9 and 10, Sec 23, DP 758702
Local
I250
Moore Creek
Old tobacco shed at “Hillstone”
Davidsons Lane
Lots 7–9, 12, 30, 48, 62, 63 and 85, Part Lots 10, 11 and 12, DP 753830; Lots 1 and 2, DP 926649; Lot 331, DP 997737; Lot 11, DP 111888
Local
I251
Moore Creek
Moore Creek War Memorial Hall
Moore Creek Road
Lot 265, DP 753830
Local
I252
Moore Creek
Slab side hut
Tregarthen Road
Lot 8, DP 1050219
Local
I253
Moore Creek
Moore Creek Dam
Upper Moore Creek Road
Lot 7002, DP 94291; Lot 7015, DP 94293; Lot 9001, DP 94290; Lot 7008, DP 94292
Local
I254
Nemingha
Nemingha Hall
Kootingal Road
Lot 1, DP 329581
Local
I255
Nemingha
Nemingha School
Nundle Road
Lot 4, DP 48402; Lot 1, DP 232840
Local
I256
Nemingha
Nemingha Anglican Church
Nundle Road
Part Portion 31, DP 755334
Local
I257
Niangala
Former store and old butcher shop
Healy Street
Lot 15, Sec 1, DP 758774
Local
I258
Niangala
Niangala War Memorial Hall
Niangala Road
Lots 7 and 8, Sec 1, DP 758774
Local
I261
Niangala
Niangala Cemetery
Niangala—Weabonga Road
Lot 7002, DP 96287
Local
I262
Niangala
Niangala Weir
Niangala—Weabonga Road
 
Local
I263
Niangala
Port Stephens Cutting
Nowendoc Road
 
Local
I264
Niangala
Five Head Stamping Battery
27 Toby Road
Lots 61 and 62, DP 42102; Part Lots 30, 44, 49–51 and 58, DP 755346; Lots 1–6, Sec 5, DP 758774
Local
I265
Nundle
Church
63 Gill St
Lot 1, DP 770383
Local
I268
Nundle
St Peter’s Catholic Church
15 Innes St
Lot 1, DP 786993
Local
I269
Nundle
Former Courthouse/ Museum and Police Station and Residence
38–40 and 41–43 Jenkins Street
Lot 701, DP 96508
Local
I270
Nundle
Nundle Shire Office
58 Jenkins Street
Lot 1 and Part Lot 2, Sec 21, DP 758798
Local
I271
Nundle
All Saints Church of England
70 Jenkins Street
Part Lot 4, Sec 3, DP 758798
Local
I272
Nundle
Residence
79 Jenkins Street
Lot 2, DP 591822; Lots 12 and 13, Sec 2, DP 758798
Local
I273
Nundle
Odgers and McClelland Exchange Stores
81 Jenkins Street
Lot 172, DP 1072542
Local
I274
Nundle
Jenkins St Antiques, Odgers and McClelland General Store
83 Jenkins Street
Lot 101, DP 598667
Local
I275
Nundle
Jenkins St Guest House (Former Bank of New South Wales)
85 Jenkins Street
Lot 171, DP 1072542
Local
I276
Nundle
Peel Inn
89 Jenkins Street
Lot A, DP 369396; Lots 1–3, DP 997480
Local
I277
Nundle
Old Church Boutique Primitive Methodist Church
90–92 Jenkins Street
Lots 6 and 13, Sec 31, DP 758798
Local
I278
Nundle
Nundle Post Office
91 Jenkins Street
Lot 1, DP 714004
Local
I279
Nundle
Nundle Public School
93–97 Jenkins Street
Lot 1, DP 123390; Lot 9, Sec 30A, DP 758798
Local
I280
Nundle
Nundle Memorial Hall and Library
101 Jenkins Street
Lots 8 and 10, Sec 30A, DP 758798
Local
I281
Nundle
Nundle Cemetery
Nundle Creek Road
Lot 7001, DP 1030464
Local
I282
Ogunbil
Ogunbil Brick Shearing Shed and Silo
Ogunbil Road
Lots 158 and 234, DP 755350; Lot 1, DP 807846
Local
I283
Piallamore
Old Piallamore School Building
Nundle Road
Lot 183, DP 733065
Local
I285
Piallamore
St Martin’s Anglican Church
Nundle Road
Lot 1, DP 928322
Local
I286
Retreat
Retreat Main House and Granite Store at Retreat Station
Kingstown Road
Portions 4, 15, 16 and 24, Part Lot 25, DP 753845
Local
I287
Retreat
“West Retreat”
Longford—Retreat Road
Lot 3, DP 46437; Lot 11, DP 602467; Lot 4, DP 700812; Lots 15 and 16, DP 753844
Local
I288
Retreat
West Retreat Bridge
Retreat Road
 
Local
I289
Somerton
Somerton Cemetery
Being Point
PO 74/1, DP 758910
Local
I290
Somerton
Slab Hut
Bloomfield Street
Lot 167, DP 755340; Lot 1, DP 128155
Local
I291
Somerton
Somerton Police Station
93–97 Bloomfield Street
Lot 17, Sec 4, DP 758910
Local
I292
Somerton
“Stratharlie”
Oxley Highway West
Lot 42, DP 1056638
Local
I293
Somerton
Somerton Racecourse
Racecourse Road
Lot 209, DP 257191
Local
I294
Somerton
Former Somerton Post Office and Store
Scotland Street
Lot 4, DP 737067
Local
I295
Somerton
St Mark’s Anglican Church
Scotland Street
Lot 4, Sec 5, DP 758910
Local
I296
Somerton
St Mathew’s Presbyterian Church
Scotland Street
Lot 8, Sec 4, DP 758910
Local
I297
Somerton
Somerton Hall
Scotland Street
Lot 9, Sec 19, DP 758910
Local
I298
Somerton
Somerton School
Corner Scotland and Milkmaid Streets
Lot 2, Sec 6, DP 758910
Local
I299
Tamworth
East Tamworth Station Pedestrian Bridge
Over Bourke Street
 
Local
I300
Tamworth
Office building
12A Bourke Street
Lot 10, DP 1044770
Local
I301
Tamworth
Tamworth House
34 Bourke Street
Lot 19, DP 456158
Local
I302
Tamworth
House
38 Bourke Street
Lot 10, DP 651752
Local
I303
Tamworth
House
100 Bourke Street
Lot 101, DP 548846
Local
I304
Tamworth
St Paul’s Church, house beside Retreat Theatre and Retreat Theatre
63 Bridge Street
Lots 2–4 and 7–9, DP 91043; Lots 11 and 12, DP 131248
Local
I305
Tamworth
House
65 Bridge Street
Lot 1, Sec D, DP 194218
Local
I306
Tamworth
Entrance to Endeavour Drive off Brisbane Street—street lights
Brisbane Street
Lot 1, DP 1108482
Local
I308
Tamworth
Anzac Park gates, gazebo and street lamps
Brisbane Street
Lot 1, DP 668906
Local
I309
Tamworth
“Regent” Cinema
3–5 Brisbane Street
Lot 1, DP 583861
Local
I310
Tamworth
Shopfront glass
78–80 Brisbane Street
Lot 1, DP 318176; Lot 1, DP 323786
Local
I311
Tamworth
Mechanics Institute
87–93 Brisbane Street
Lot 81, DP 818564; Lot 1, DP 356314
Local
I312
Tamworth
Tamworth Railway Station (also known as Tamworth Railway Station, yard group, and yard group moveable relics)
100 Brisbane Street
Lot 37, DP 1006137; RLY 279074; Part Lot 38, DP 1006137
State
I313
Tamworth
House
102 Brisbane Street
Lot 1, Sec 34, DP 758951
Local
I314
Tamworth
House “Glen Moor”
106 Brisbane Street
Lot 10, DP 668914
Local
I315
Tamworth
House
123 Brisbane Street
Lot 1, DP 104631
Local
I316
Tamworth
House
129 Brisbane Street
Lot 4, DP 17530
Local
I317
Tamworth
Main School Building “Calrossy”
136–142 Brisbane Street
Lot 100, DP 800972
Local
I318
Tamworth
House
141A–141B Brisbane Street
Lot 2, Sec 62, DP 344900
Local
I319
Tamworth
House
149 Brisbane Street
Lot A, DP 17553
Local
I320
Tamworth
Grandstand (at race track)
Britten Road
Lot 92, DP 259787
Local
I307
Tamworth
Original AA Building Site
Calala Lane
Lot 5, DP 1103706
Local
I321
Tamworth
House
43 Carthage Street
Lot 1, DP 197435
Local
I322
Tamworth
House
45 Carthage Street
Lot 1, DP 197221
Local
I323
Tamworth
House
47 Carthage Street
Lot 2, DP 137243
Local
I324
Tamworth
House
64 Carthage Street
Lot 1, Sec 48, DP 304624
Local
I325
Tamworth
House
75 Carthage Street
Lot 1, Sec 34, DP 318909
Local
I326
Tamworth
House
77 Carthage Street
Lot 1, Sec 34, DP 182227
Local
I327
Tamworth
House
79 Carthage Street
Lot 1, DP 199709; Lot 9, DP 652919
Local
I328
Tamworth
House
81 Carthage Street
Lot 1, DP 914393
Local
I329
Tamworth
Baptist Church
86 Carthage Street
Part Lot 2, Sec 46, DP 318909
Local
I330
Tamworth
House
89 Carthage Street
Lot 1, Sec 34, DP 983675
Local
I331
Tamworth
House “Salona”
90 Carthage Street
Lot 1, DP 552394
Local
I332
Tamworth
House
92 Carthage Street
Lot B, Sec 46, DP 365446
Local
I333
Tamworth
House
94–96 Carthage Street
Lot 1, Sec 46, DP 170599; Lot 1, Sec 46, DP 170696
Local
I334
Tamworth
House
95 Carthage Street
Lot 95, DP 1077096
Local
I335
Tamworth
House
100 Carthage Street
Lot 8A, DP 409537
Local
I336
Tamworth
St John’s Church
102 Carthage Street
Lot 4, DP 136014; Lots 5 and 6, DP 136015; Lot 3, DP 664318
Local
I337
Tamworth
House
134 Carthage Street
Lot 72, DP 525590
Local
I338
Tamworth
House
138 Carthage Street
Lot 2, DP 5740
Local
I339
Tamworth
House
140 Carthage Street
Lot 1, Sec 43, DP 5740
Local
I340
Tamworth
House
142 Carthage Street
Lot A, DP 320339
Local
I341
Tamworth
House
150 Carthage Street
Lot A, DP 334501
Local
I342
Tamworth
House
153 Carthage Street
Lot 1, Sec 39, DP 531644
Local
I343
Tamworth
House
170 Carthage Street
Lot 1, DP 500490
Local
I344
Tamworth
House
178 Carthage Street
Lot 43, DP 632655
Local
I345
Tamworth
House
65 Church Street
Lot 401, Sec K, DP 620487
Local
I346
Tamworth
House
75 Church Street
Lot A, Sec K, DP 152966
Local
I347
Tamworth
House
77 Church Street
Lot B, Sec K, DP 152966
Local
I348
Tamworth
House
79 Church Street
Lot C, Sec K, DP 152966
Local
I349
Tamworth
House
95 Crown Street
Lot 3, Sec G, DP 329729
Local
I350
Tamworth
House
97 Crown Street
Lot 4, Sec G, DP 329729
Local
I351
Tamworth
House
8 Darling Street
Lot 100, Sec 18, DP 805150
Local
I352
Tamworth
House
10 Darling Street
Lot 1, DP 782584
Local
I353
Tamworth
House
16 Darling Street
Lot 2, Sec 18, DP 933812
Local
I354
Tamworth
Railway House
20 Darling Street
Sec 32, Departmental Residence
Local
I355
Tamworth
Dwelling
30–32 Darling Street
Lot 120, DP 1069031
Local
I540
Tamworth
House
61 Darling Street
Lot 1, Sec 53, DP 325982
Local
I356
Tamworth
House
63 Darling Street
Lot 2, DP 325982
Local
I357
Tamworth
House
65 Darling Street
Lot 3, Sec 53, DP 325982
Local
I358
Tamworth
House
67 Darling Street
Lot 2, DP 336908
Local
I359
Tamworth
House
69 Darling Street
Lot 1, DP 336908
Local
I360
Tamworth
Main group of hospital buildings
31 Dean Street
Lot 2, DP 533835; Lot 99, Part Lot 109, DP 753848
Local
I361
Tamworth
House
67 Denison Street
Lot 1, DP 199229
Local
I362
Tamworth
House
89 Denison Street
Lot 4, Sec F, DP 11334
Local
I363
Tamworth
House
91 Denison Street
Lot 3, Sec F, DP 11334
Local
I364
Tamworth
House
99 Denison Street
Lot 2D, DP 162035
Local
I365
Tamworth
House “Carrick”
120 Denison Street
Lot 1, DP 784438
Local
I366
Tamworth
House “Calala Cottage”, slab hut and beehive building
138–144 Denison Street
Lots 10–12, DP 38477
Local
I367
Tamworth
House
93 Denne Street
Lot 2, Sec V, DP 510902
Local
I368
Tamworth
House
95 Denne Street
Lot 1, Sec V, DP 510902
Local
I369
Tamworth
House
115 Denne Street
Lot 6A, DP 157655
Local
I370
Tamworth
Main Northern Railway over the Peel River—Viaduct West of the Peel River, Railway Bridge, Viaduct East of the Peel River and the Railway Overbridge over Peel Street
From Ebsworth Street—Macquarie Street
 
State
I371
Tamworth
Lands Office
25 Fitzroy Street
Lot 22, Sec 14, DP 758951
Local
I373
Tamworth
Town Hall
26–28 Fitzroy Street
Lot 26, DP 1099518
Local
I374
Tamworth
House
59 Fitzroy Street
Lot 12, Sec 44, DP 304762
Local
I375
Tamworth
House
76 Fitzroy Street
Lot 22, Sec 45, DP 758951
Local
I376
Tamworth
House
96 Fitzroy Street
Lot 2, DP 513224
Local
I377
Tamworth
House
98 Fitzroy Street
Lots 49 and 50, DP 507; Lots 1–4, DP 456473
Local
I378
Tamworth
House
122 Fitzroy Street
Lot A, DP 27254
Local
I379
Tamworth
War Memorial
Gipps Street
Road Seg No 100506
Local
I380
Tamworth
House
11 Gipps Street
Lot B, Sec I, DP 155275
Local
I381
Tamworth
House
14 Gipps Street
Lot 3, Sec V, DP 510902
Local
I382
Tamworth
House
15 Gipps Street
Lot C, Sec H, DP 162520
Local
I383
Tamworth
House
17 Gipps Street
Lot B, Sec H, DP 162520
Local
I384
Tamworth
House
19 Gipps Street
Lot A, Sec H, DP 162520
Local
I385
Tamworth
House
21 Gipps Street
Lot 1, DP 151413
Local
I386
Tamworth
House
22 Gipps Street
Lot 1, Sec U, DP 743407
Local
I387
Tamworth
House
26 Gipps Street
Lot A, DP 153716
Local
I388
Tamworth
House
98 Goonan Street
Lot 11, DP 1113663
Local
I372
Tamworth
Cottage
37 Griffin Avenue
Lot A, Sec 33, DP 156986
Local
I389
Tamworth
Cottage
39 Griffin Avenue
Lot B, DP 156986
Local
I390
Tamworth
Cottage
46 Griffin Avenue
Lot A, Sec 33, DP 377663
Local
I393
Tamworth
Cottage
47 Griffin Avenue
Lot B, Sec 33, DP 402188
Local
I394
Tamworth
Cottage
48 Griffin Avenue
Lot B, DP 377663
Local
I395
Tamworth
Cottage
51 Griffin Avenue
Lot 5, DP 301132
Local
I396
Tamworth
Cottage
56 Griffin Avenue
Lot B, DP 329817
Local
I397
Tamworth
House
68 Griffin Avenue
Lot 100, DP 802488
Local
I398
Tamworth
House
94 Griffin Avenue
Lot 141, Sec 35, DP 602361
Local
I399
Tamworth
House
96 Griffin Avenue
Lot 142, Sec 35, DP 602361
Local
I400
Tamworth
House “The Pines”
28 Hill Street
Lots 4 and 7, DP 37897
Local
I401
Tamworth
House
33 Hill Street
Lots 3–5, DP 1104909
Local
I402
Tamworth
House
43 Hill Street
Lot 1, DP 330939
Local
I403
Tamworth
House
65 Hill Street
Lots 18–20, DP 1097911
Local
I404
Tamworth
West Tamworth Railway Station
In and Out Streets
Lot 42, DP 1006078
Local
I405
Tamworth
Tamworth Correctional Centre
152–160 Johnston Street
Lots 4–6, DP 809662
Local
I406
Tamworth
House
King George V Avenue
Lot A, DP 161615
Local
I407
Tamworth
House
King George V Avenue
Lot 8, DP 755334
Local
I408
Tamworth
Wells and Pumping Station off Peel River
King George V Avenue and Scott Road, south bank of Peel River
Lot 1, DP 152642; Lot 1, DP 755334; Lot 229, DP 755334, Old Scott Road—Road Reserve
State
I412
Tamworth
House
2–24 King George V Avenue
Lots 21 and 22, DP 557775
Local
I409
Tamworth
Tobacco Kiln
73–95 King George V Avenue
Lot 9, DP 755334
Local
I410
Tamworth
Tobacco Kiln
119–139 King George V Avenue
Lot 13, DP 62854
Local
I411
Tamworth
House
16 Macquarie Street
Lot A, Sec 51, DP 415711
Local
I413
Tamworth
House
18 Macquarie Street
Lot 2, DP 3151
Local
I414
Tamworth
House
86 Marius Street
Lot 1, DP 1100592
Local
I415
Tamworth
Hospital “Allambie”
100 Marius Street
Lot 1, DP 663144; Lot 1, DP 745341
Local
I416
Tamworth
House “Marius Cottage”
112 Marius Street
Lot 51, Sec 31, DP 518883
Local
I417
Tamworth
House
123 Marius Street
Lot 1, Sec 17, DP 743803
Local
I418
Tamworth
House “St Austel”
130 Marius Street
Lot 1, DP 719438
Local
I419
Tamworth
House “The Cottage”
141 Marius Street
Lot 1, DP 620964
Local
I420
Tamworth
Old hotel building
143–145 Marius Street
Lot 3, DP 629335
Local
I421
Tamworth
Wesleyan Church and house
144 Marius Street
Lot 1, Sec 33, DP 724125
Local
I422
Tamworth
Tamworth Hotel
147 Marius Street
Lot 1, Sec 16, DP 79182
Local
I423
Tamworth
Church
150, 152–154 and 156 Marius Street
Lots 10–12, DP 874106
Local
I424
Tamworth
Northern Daily Leader
179 Marius Street
Lot 1, DP 56457; Lot B, DP 333474
Local
I425
Tamworth
Imperial Hotel
181–195 Marius Street
Lot 89, Sec 15, DP 812988
Local
I426
Tamworth
House
204–208 Marius Street
Lot 10, DP 789014
Local
I427
Tamworth
Old convent building (also known as Dominican Roman Catholic Convent)
223–227 Marius Street
Lot 102, DP 629477
State
I428
Tamworth
Power House Motel and monument
248 Marius Street
Lot 40, DP 736594
Local
I429
Tamworth
House
29 Napier Street
Lot 18A, Sec 56, DP 435295
Local
I430
Tamworth
House
31 Napier Street
Lot 171, DP 210747
Local
I431
Tamworth
House
46–48 Napier Street
Lots 2–3, DP 7697; Lot A, DP 950251
Local
I432
Tamworth
House “Girrawilla”
62 Napier Street
Lot A, Sec 62, DP 376291
Local
I433
Tamworth
House “Avondale”
66 Napier Street
Lot 41, DP 582260
Local
I434
Tamworth
House
66A Napier Street
Lots 5 and 6, DP 249132; Lot 4, DP 581260
Local
I435
Tamworth
House
114 North Street
Lot 267, DP 716674
Local
I436
Tamworth
House
116 North Street
Lot 1, DP 19805
Local
I437
Tamworth
House
130 North Street
Lot B, DP 362159
Local
I438
Tamworth
House
132 North Street
Lot Y, DP 381871
Local
I439
Tamworth
House “Glenbrook”
28 Nundle Road
Lot 1, DP 117363
Local
I440
Tamworth
House
29 Parry Street
Lot 36, DP 21859
Local
I441
Tamworth
House
48–50 Peel Street
Lot 16, DP 527133
Local
I442
Tamworth
Former brewery building
130–138 Peel Street
Lot 130, DP 1044562
Local
I443
Tamworth
Hotel Tattersalls
146–148 Peel Street
Lot 6, Sec 28, DP 620371
Local
I444
Tamworth
Group of shops
164 Peel Street
Lot 4, Sec 28, DP 733156
Local
I445
Tamworth
Former Square Man Hotel and old flour mill
165–179 Peel Street
Lot 165, DP 1124940
Local
I446
Tamworth
Old courthouse building
212 Peel Street
Lot 21, Sec 18, DP 758951
Local
I447
Tamworth
Community Centre (also known as Tamworth Peel Barracks)
214 Peel Street
Lot 21, DP 778033
State
I448
Tamworth
Commercial building
226 Peel Street
Lot 1, DP 783751
Local
I449
Tamworth
Courthouse Hotel
232 Peel Street
Lot 1, Sec 17, DP 744585
Local
I450
Tamworth
Group of shops
235 and 237 Peel Street
Lot 235, DP 1015836; Lot 237, DP 1015836
Local
I451
Tamworth
Group of shops
239 Peel Street
Lot 1, Sec 2, DP 194694
Local
I452
Tamworth
Shop
265–267 Peel Street
Lot 1, DP 201532
Local
I453
Tamworth
Shop
277 Peel Street
Lots 1–3, DP 196730
Local
I454
Tamworth
Central Hotel
330–334 Peel Street
Lots 1–8, DP 19100
Local
I455
Tamworth
Hotel and shops
395–401 Peel Street
Lot 1, DP 555615
Local
I456
Tamworth
National Australia Bank Building
400–402 Peel Street
Lot B, Sec 15, DP 154125
Local
I457
Tamworth
Post Office
402A Peel Street
Lot 1, DP 773787
State
I458
Tamworth
Commonwealth Bank Building
404 Peel Street
Lot 1, DP 154810; Lot 1, DP 197246; Lot 2, DP 510893
Local
I459
Tamworth
Former ANZ Bank Building
429 Peel Street
Lot 13, DP 253033
Local
I460
Tamworth
Masonic Temple
462–464 Peel Street
Lot 1, Sec 13, DP 976614
Local
I461
Tamworth
Shops
465–469 Peel Street
Lot 2, DP 81235
Local
I462
Tamworth
Monument
Corner Piper and Peel Streets
Lot 11, DP 739273
Local
I463
Tamworth
House
28 Piper Street
Lot 11, DP 509962
Local
I464
Tamworth
House
42 Raglan Street
Lots 45, A1 and A4, DP 736980
Local
I465
Tamworth
House
64 Raglan Street
Lot 1, DP 203220
Local
I466
Tamworth
House
10 Rawson Avenue
Lot 15, DP 1575
Local
I467
Tamworth
House
14 Rawson Avenue
Lot 13, DP 1575
Local
I468
Tamworth
House
19 Rawson Avenue
Lot 6, DP 9342
Local
I469
Tamworth
House
21 Rawson Avenue
Lot 5, DP 9342
Local
I470
Tamworth
House
23 Rawson Avenue
Lot 4, DP 9342
Local
I471
Tamworth
House
62 Rawson Avenue
Lot 1, DP 772206; Lot 1, DP 930911
Local
I472
Tamworth
House
35 Roderick Street
Lot B, DP 412256; Lot 1, DP 942053
Local
I473
Tamworth
House
65 Roderick Street
Lot 18, Sec 59, DP 758951
Local
I474
Tamworth
House
79 Roderick Street
Lot 18, Sec 66, DP 758951
Local
I475
Tamworth
Tobacco kiln
Scott Road
Lot 35, DP 826572
Local
I476
Tamworth
Monuments at the Tamworth Cemetery
Showground Road
Lot 1, DP 724326; Lot 3, DP 152850; Lot 7004, DP 1030068
Local
I477
Tamworth
Tamworth Primary School and residence
Corner Upper and Brisbane Streets
Lots 1–11, Sec 54, DP 758951; Lots 418 and 419, DP 821635
Local
I487
Tamworth
House
24 Upper Street
Lot 11, DP 2908
Local
I478
Tamworth
House “Shield Hill”
32 Upper Street
Lot 1, DP 16452
Local
I479
Tamworth
House
38 Upper Street
Lot 51, DP 525256
Local
I480
Tamworth
House
40 Upper Street
Lot 52, DP 525256
Local
I481
Tamworth
House
44 Upper Street
Lot 54, DP 543039
Local
I482
Tamworth
House
51 and 53 Upper Street
Lots 21 and 22, DP 881281
Local
I483
Tamworth
House
55 Upper Street
Lot 1, Sec 46, DP 281
Local
I484
Tamworth
House
57 Upper Street
Lot 6, Sec 46, DP 281
Local
I485
Tamworth
House
59 Upper Street
Lot 7, Sec 46, DP 281
Local
I486
Tamworth
House
83 Upper Street
Lot 1, Sec 45, DP 14279
Local
I488
Tamworth
House
89 Upper Street
Lot 3, DP 315498
Local
I489
Tamworth
House
117 Upper Street
Lot 131, Sec 43, DP 504991
Local
I490
Tamworth
House
119 Upper Street
Lot 12, DP 666152
Local
I491
Tamworth
House
121 Upper Street
Lot A, Sec 43, DP 398327
Local
I492
Tamworth
St Nicholas Church
18 White Street
Lot 103, Sec 14, DP 629477
Local
I493
Tamworth
House
34 White Street
Lot 1, DP 6927970; Lot 13, DP 4457
Local
I494
Tamworth
House
46A White Street
Lot 2, Sec 56, DP 414091
Local
I495
Tamworth
House
46 White Street
Lot 3, Sec 56, DP 414091
Local
I496
Tamworth
House
47 White Street
Lot 1, Sec 43, DP 202888
Local
I497
Tamworth
House
48 White Street
Lot A, Sec 56, DP 954555
Local
I498
Tamworth
House
50 White Street
Lot B, Sec 56, DP 309312
Local
I499
Tamworth
House
52 White Street
Lot C, Sec 56, DP 954555
Local
I500
Tamworth
House “Glen Evilly”
53–55 White Street
Lot 55, DP 1081363
Local
I501
Tamworth
House
56 White Street
Lot 12, DP 666082
Local
I502
Tamworth
House “Minna-murra”
69 White Street
Lot 11, DP 519459
Local
I503
Tamworth
House
71 White Street
Lot 1, Sec 64, DP 977444
Local
I504
Tamworth
House “Broms-grove”
72 White Street
Lot 12, DP 666080
Local
I505
Tamworth
House
77 White Street
Lot A, Sec 64, DP 346149
Local
I506
Tamworth
House
79 White Street
Lot 1, Sec 64, DP 120697
Local
I507
Timbumburi
Timbumburi School
New England Highway South
Lot 1, DP 810934
Local
I508
Tintinhull
Railway bridge at road deviation
Road Reserve New England Highway North
 
Local
I509
Tintinhull
“Tintinhull Farm”
Tintinhull Road
Lot 47, DP 1072871
Local
I510
Tintinhull
Tintinhull School
Tintinhull Road
Lots 97 and 191, DP 753848
Local
I511
Upper Manilla
Dingley Dell Uniques
Main Road
Lot 14, DP 1110090
Local
I179
Upper Manilla
Oakey Creek Rail Bridge
State Road 63 Barraba Branch Railway, 14km North-Northwest of Upper Manilla
 
State
I072
Watsons Creek
Former Watsons Creek School
25 Old School Road
Lot 102, DP 753839
Local
I512
Watsons Creek
Lost Boy’s Grave “Bantry”
8 Den Mountain Road
Lot 121, DP 753839
Local
I513
Watsons Creek
Miners cottage
Lower Watsons Creek Road
Lot 67, DP 753839
Local
I514
Watsons Creek
Watsons Creek Hall
Watsons Creek Road
Lot 42, DP 753839
Local
I516
Watsons Creek
Former store “Gunadoo”
2 Watsons Creek Road
Lot 73, DP 753839
Local
I515
Watsons Creek
Former Post Office “Craiggwan”
2444 Watsons Creek Road
Lot 63, DP 753839
Local
I517
Weabonga
Catholic Church
Britten Street
Lots 4, 5 and 18, Sec 2, DP 759062
Local
I518
Weabonga
Former Anglican Church
Mitchell Street
Lot 9, Sec 1, DP 759062
Local
I520
Weabonga
Weabonga Hall
Mitchell Street
Lot 10, Sec 2, DP 759062
Local
I521
Weabonga
Old courthouse kitchen and police station
Frappell Street
Lots 2 and 3, Sec 3, DP 759062
Local
I522
Weabonga
Weabonga School
Mitchell Street
Lot 6, Sec 8, DP 759062
Local
I523
Weabonga
Weabonga Cemetery
Weabonga Road
Reserve Number 14193; Lot 7003, DP 96286
Local
I524
Winton
“Dalblair” homestead
Dalblair Lane
Lots 18–25, 28, 31, 34–41, 51–52 and 57–58, DP 755330; Lot 1, DP 243629; Lot 1, DP 664998
Local
I525
Winton
North/South Stock Route
Hardigan’s Lane
 
Local
I526
Winton
Winton Cemetery
Old Winton Road
Lot 7001, DP 1026359
Local
I527
Woodsreef
Woodsreef Cemetery
Old Bundarra Road
Lot 46, DP 752205
Local
I528
Woodsreef
St John’s Anglican Church
Woodsreef Road
Lot 73, DP 752205
Local
I529
Woolbrook
“Trainview” residence
Back Woolbrook Road
Lot 1, DP 538519
Local
I530
Woolbrook
Old cottage—rear of “Trainview” residence
Daisy Street
Lot 1, DP 538519
Local
I531
Woolbrook
Woolbrook Hall
Limbri-Woolbrook Road
Portion 151, DP 753846
Local
I532
Woolbrook
Woolbrook Rail Bridge over McDonald River
Main Northern Railway
Main Northern Railway
State
1539
Woolbrook
Former Commonwealth Bank “Curlew”
11 Singh Street
Lots 155 and 199, DP 753846
Local
I533
Woolbrook
“Riverview” residence
14 Singh Street
Lots 184 and 185, DP 753846
Local
I534
Woolomin
St Mary’s Anglican Church
50–52 Frederick Street
Lot 3, Sec 8, DP 759117
Local
I536
Woolomin
Residence
Corner Munro Street and Gap Road
Lot 222, DP 755350
Local
I537
Woolomin
Residence
86–88 Nundle Road
Lot 1, DP 127996; Lots 1 and 14, Sec 14, DP 759117
Local
I538
sch 5: Am 2013 (13), Sch 1; 2018 (696), cl 5.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Part 1 Pond-based and tank-based aquaculture
Division 1 Site location requirements
1   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water:
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
(2)  Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned:
(a)  land declared as an aquatic reserve under the Marine Estate Management Act 2014,
(b)  land declared as a marine park under the Marine Estate Management Act 2014.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
Division 2 Operational requirements
2   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
3   Pond-based aquaculture that is also intensive aquaculture—pond design
For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.
4   Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges
For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.
5   Outlets from culture ponds etc
All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.
6   Definition
In this Division:
intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.
Part 2 Extensive pond-based aquaculture
Division 1 Site location requirements
7   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water:
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
8   Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
Division 2 Operational requirements
9   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
10   Pond design
(1)  Must not require the construction of new ponds, water storages, dams or buildings.
(2)  Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3)  Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11   Culture water
Must use freshwater.
Dictionary
(Clause 1.4)
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is:
(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note—
The term is defined as a structure used or to be used principally for the display of an advertisement.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
affordable housing has the same meaning as in the Act.
Note—
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
Note—
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following:
(a)  aquaculture,
(b)  extensive agriculture,
(c)  intensive livestock agriculture,
(d)  intensive plant agriculture.
Note—
Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note—
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
amusement centre means a building or place (not being part of a pub or registered club) used principally for playing:
(a)  billiards, pool or other like games, or
(b)  electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
aquaculture has the same meaning as in the Fisheries Management Act 1994. It includes oyster aquaculture, pond-based aquaculture and tank-based aquaculture.
Note—
Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.
archaeological site means a place that contains one or more relics.
artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following:
(a)  a retail area for the sale of the products,
(b)  a restaurant or cafe,
(c)  facilities for holding tastings, tours or workshops.
Note—
See clause 5.4 for controls in industrial or rural zones relating to the retail floor area of an artisan food and drink industry.
Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.
attached dwelling means a building containing 3 or more dwellings, where:
(a)  each dwelling is attached to another dwelling by a common wall, and
(b)  each of the dwellings is on its own lot of land, and
(c)  none of the dwellings is located above any part of another dwelling.
Note—
Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
backpackers’ accommodation means a building or place that:
(a)  provides temporary or short-term accommodation on a commercial basis, and
(b)  has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c)  provides accommodation on a bed or dormitory-style basis (rather than by room).
Note—
Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where:
(a)  meals are provided for guests only, and
(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c)  dormitory-style accommodation is not provided.
Note—
See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation.
Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.
Note—
Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.
biodiversity or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of ecosystems.
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
Note—
Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.
boarding house means a building that:
(a)  is wholly or partly let in lodgings, and
(b)  provides lodgers with a principal place of residence for 3 months or more, and
(c)  may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d)  has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note—
Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means:
(a)  in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or
(b)  in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,
including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and:
(a)  a building wall, or
(b)  the outside face of any balcony, deck or the like, or
(c)  the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows:
bush fire hazard reduction work means:
(a)  the establishment or maintenance of fire breaks on land, and
(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
but does not include construction of a track, trail or road.
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 146 (2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign:
(a)  that indicates:
(i)  the name of the person or business, and
(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which:
(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b)  a service is provided directly to members of the public on a regular basis,
and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.
canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either:
(a)  includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to:
(i)  dwellings that are permitted on rural land, and
(ii)  dwellings that are used for caretaker or staff purposes, or
(b)  requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note—
Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
centre-based child care facility means:
(a)  a building or place used for the education and care of children that provides any one or more of the following:
(i)  long day care,
(ii)  occasional child care,
(iii)  out-of-school-hours care (including vacation care),
(iv)  preschool care, or
(b)  an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),
Note—
An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.
but does not include:
(c)  a building or place used for home-based child care or school-based child care, or
(d)  an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or
(e)  a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f)  a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or
(g)  a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or
(h)  a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.
charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.
classified road has the same meaning as in the Roads Act 1993.
Note—
The term is defined as follows:
classified road means any of the following:
(a)  a main road,
(b)  a highway,
(c)  a freeway,
(d)  a controlled access road,
(e)  a secondary road,
(f)  a tourist road,
(g)  a tollway,
(h)  a transitway,
(i)  a State work.
(See Roads Act 1993 for meanings of these terms.)
clearing native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
clearing vegetation has the same meaning as in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.
coastal hazard has the same meaning as in the Coastal Management Act 2016.
coastal lake means a body of water identified in Schedule 1 to State Environmental Planning Policy (Coastal Management) 2018.
coastal protection works has the same meaning as in the Coastal Management Act 2016.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Management Act 2016.
commercial premises means any of the following:
(a)  business premises,
(b)  office premises,
(c)  retail premises.
community facility means a building or place:
(a)  owned or controlled by a public authority or non-profit community organisation, and
(b)  used for the physical, social, cultural or intellectual development or welfare of the community,
but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
community land has the same meaning as in the Local Government Act 1993.
correctional centre means:
(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b)  any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
Council means the Tamworth Regional Council.
crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.
Crown reserve means:
(a)  a reserve within the meaning of Part 5 of the Crown Lands Act 1989, or
(b)  a common within the meaning of the Commons Management Act 1989, or
(c)  lands within the meaning of the Trustees of Schools of Arts Enabling Act 1902,
but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation.
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle generally feed by grazing on living grasses and other plants on the land and are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).
Note—
Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.
dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.
Note—
Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.
designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:
(a)  State and regional roads,
(b)  bus interchanges or bus lanes,
(c)  land required for regional open space,
(d)  land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling house means a building containing only one dwelling.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
early education and care facility means a building or place used for the education and care of children, and includes any of the following:
(a)  a centre-based child care facility,
(b)  home-based child care,
(c)  school-based child care.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that:
(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)  is located in or adjacent to an area with special ecological or cultural features, and
(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being:
(a)  a school, or
(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of making or generating electricity.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following:
(a)  Ambulance Service of New South Wales,
(b)  Fire and Rescue NSW,
(c)  NSW Rural Fire Service,
(d)  NSW Police Force,
(e)  State Emergency Service,
(f)  New South Wales Volunteer Rescue Association Incorporated,
(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows:
estuary means:
(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following:
(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)  the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,
(c)  bee keeping,
(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.
Note—
See clause 5.4 for controls relating to the number of bedrooms.
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, but does not include a poultry farm, dairy or pig farm.
Note—
Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include:
(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b)  the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include:
(a)  still photography, or
(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c)  recording images as a visitor or tourist for non-commercial purposes, or
(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows:
Definition of “fish”
(1)  
Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)  
Fish includes:
(a)  oysters and other aquatic molluscs, and
(b)  crustaceans, and
(c)  echinoderms, and
(d)  beachworms and other aquatic polychaetes.
(3)  
Fish also includes any part of a fish.
(4)  
However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
Flight Training Path Map means the Tamworth Regional Local Environmental Plan 2010 Flight Training Path Map.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
floor space ratio—see clause 4.5.
Floor Space Ratio Map means the Tamworth Regional Local Environmental Plan 2010 Floor Space Ratio Map.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  a pub,
(d)  a small bar.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following:
(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)  pets and pet supplies,
(c)  fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes:
(a)  the area of a mezzanine, and
(b)  habitable rooms in a basement or an attic, and
(c)  any shop, auditorium, cinema, and the like, in a basement or attic,
but excludes:
(d)  any area for common vertical circulation, such as lifts and stairs, and
(e)  any basement:
(i)  storage, and
(ii)  vehicular access, loading areas, garbage and services, and
(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and
(h)  any space used for the loading or unloading of goods (including access to it), and
(i)  terraces and balconies with outer walls less than 1.4 metres high, and
(j)  voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling:
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling:
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following:
(a)  a medical centre,
(b)  community health service facilities,
(c)  health consulting rooms,
(d)  patient transport facilities, including helipads and ambulance facilities,
(e)  hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following:
(a)  a hazardous storage establishment,
(b)  a liquid fuel depot,
(c)  an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes:
(a)  hazardous industry, or
(b)  offensive industry.
It may also involve the use of a hazardous storage establishment or offensive storage establishment.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
Height of Buildings Map means the Tamworth Regional Local Environmental Plan 2010 Height of Buildings Map. [Not applicable.]
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes:
(a)  a terminal building, or
(b)  facilities for the parking, storage or repair of helicopters.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance:
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of:
(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b)  an assessment of the impact that proposed development will have on that significance, and
(c)  proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means:
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
Heritage Map means the Tamworth Regional Local Environmental Plan 2010 Heritage Map.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following:
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following:
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  service stations and facilities for emergency vehicle towing and repairs,
(d)  parking for vehicles,
(e)  rest areas and public amenities.
home-based child care means:
(a)  a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)), or
Note—
A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW)).
(b)  a dwelling used for the purposes of a home based education and care service (within the meaning of the Children (Education and Care Services) Supplementary Provisions Act 2011),
at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.
home business means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:
(a)  the employment of more than 2 persons other than those residents, or
(b)  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, traffic generation or otherwise, or
(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following:
(a)  the employment of more than 2 persons other than those residents,
(b)  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, traffic generation or otherwise,
(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter,
(d)  the exhibition of any signage (other than a business identification sign),
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
but does not include bed and breakfast accommodation or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:
(a)  the employment of persons other than those residents, or
(b)  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, traffic generation or otherwise, or
(c)  the display of goods, whether in a window or otherwise, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve:
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c)  the exhibition of any signage, or
(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following:
(a)  day surgery, day procedures or health consulting rooms,
(b)  accommodation for nurses or other health care workers,
(c)  accommodation for persons receiving health care or for their visitors,
(d)  shops, kiosks, restaurants or cafes or take away food and drink premises,
(e)  patient transport facilities, including helipads, ambulance facilities and car parking,
(f)  educational purposes or any other health-related use,
(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)  chapels,
(i)  hospices,
(j)  mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which:
(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that:
(a)  comprises rooms or self-contained suites, and
(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that:
(a)  is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and
(b)  is situated on the land on which the industry or rural industry is located, and
(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
but does not include a warehouse or distribution centre.
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following:
(a)  general industry,
(b)  heavy industry,
(c)  light industry,
but does not include:
(d)  rural industry, or
(e)  extractive industry, or
(f)  mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following:
(a)  dairies (restricted),
(b)  feedlots,
(c)  pig farms,
(d)  poultry farms,
but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following:
(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)  horticulture,
(c)  turf farming,
(d)  viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.
Note—
See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
Land Application Map means the Tamworth Regional Local Environmental Plan 2010 Land Application Map.
Land Reservation Acquisition Map means the Tamworth Regional Local Environmental Plan 2010 Land Reservation Acquisition Map.
Land Zoning Map means the Tamworth Regional Local Environmental Plan 2010 Land Zoning Map.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note—
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following:
(a)  high technology industry,
(b)  home industry,
(c)  artisan food and drink industry.
Note—
Light industries are a type of industry—see the definition of that term in this Dictionary.
liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.
Note—
Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.
Note—
Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.
local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.
Note—
Local distribution premises are a type of warehouse or distribution centre—see the definition of that term in this Dictionary.
Lot Size Map means the Tamworth Regional Local Environmental Plan 2010 Lot Size Map.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities:
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes:
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows:
moveable dwelling means:
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include neighbourhood supermarkets or restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.
Note—
See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.
Neighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.
Noise Exposure Forecast Contour Map means the Tamworth Regional Local Environmental Plan 2010 Noise Exposure Forecast Contour Map.
nominated State heritage item means a heritage item that:
(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
Obstacle Limitation Surface Map means the Tamworth Regional Local Environmental Plan 2010 Obstacle Limitation Surface Map.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.
Note—
Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
people who are socially disadvantaged means:
(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b)  people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.
Note—
Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note—
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.
Note—
Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995:
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.
Note—
Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.
property vegetation plan mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).
pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
Note—
Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
public authority has the same meaning as in the Act.
public land has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows:
public land means any land (including a public reserve) vested in or under the control of the council, but does not include:
(a)  a public road, or
(b)  land to which the Crown Lands Act 1989 applies, or
(c)  a common, or
(d)  land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e)  a regional park under the National Parks and Wildlife Act 1974.
public reserve has the same meaning as in the Local Government Act 1993.
public utility infrastructure in relation to an urban release area, includes infrastructure for any of the following:
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act:
(a)  railway, road transport, water transport, air transport, wharf or river undertakings,
(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes:
(a)  a children’s playground, or
(b)  an area used for community sporting activities, or
(c)  a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
relic has the same meaning as in the Heritage Act 1977.
Note—
The term is defined as follows:
relic means any deposit, artefact, object or material evidence that:
(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b)  is of State or local heritage significance.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following:
(a)  attached dwellings,
(b)  boarding houses,
(c)  dual occupancies,
(d)  dwelling houses,
(e)  group homes,
(f)  hostels,
(g)  multi dwelling housing,
(h)  residential flat buildings,
(i)  rural workers’ dwellings,
(j)  secondary dwellings,
(k)  semi-detached dwellings,
(l)  seniors housing,
(m)  shop top housing,
but does not include tourist and visitor accommodation or caravan parks.
residential care facility means accommodation for seniors or people with a disability that includes:
(a)  meals and cleaning services, and
(b)  personal care or nursing care, or both, and
(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
but does not include a dwelling, hostel, hospital or psychiatric facility.
Note—
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.
Note—
Residential flat buildings are a type of residential accommodation— see the definition of that term in this Dictionary.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
Note—
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.
Note—
Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.
restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;
(a)    (Repealed)
(b)  cellar door premises,
(c)  food and drink premises,
(d)  garden centres,
(e)  hardware and building supplies,
(f)  kiosks,
(g)  landscaping material supplies,
(h)  markets,
(i)  plant nurseries,
(j)  roadside stalls,
(k)  rural supplies,
(l)  shops,
(la)  specialised retail premises,
(m)  timber yards,
(n)  vehicle sales or hire premises,
but does not include highway service centres, service stations, industrial retail outlets or restricted premises.
Note—
Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.
road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
Note—
See clause 5.4 for controls relating to the gross floor area of roadside stalls.
Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.
rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following:
(a)  agricultural produce industries,
(b)  livestock processing industries,
(c)  composting facilities and works (including the production of mushroom substrate),
(d)  sawmill or log processing works,
(e)  stock and sale yards,
(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Note—
Rural industries are not a type of industry—see the definition of that term in this Dictionary.
rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
Note—
Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.
rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Note—
Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
Note—
Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.
school means a government school or non-government school within the meaning of the Education Act 1990.
Note—
Schools are a type of educational establishment—see the definition of that term in this Dictionary.
school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.
Note—
Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.
secondary dwelling means a self-contained dwelling that:
(a)  is established in conjunction with another dwelling (the principal dwelling), and
(b)  is on the same lot of land as the principal dwelling, and
(c)  is located within, or is attached to, or is separate from, the principal dwelling.
Note—
See clause 5.4 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
Note—
Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.
Note—
Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
seniors housing means a building or place that is:
(a)  a residential care facility, or
(c)  a group of self-contained dwellings, or
(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),
and that is, or is intended to be, used permanently for:
(e)  seniors or people who have a disability, or
(f)  people who live in the same household with seniors or people who have a disability, or
(g)  staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
but does not include a hospital.
Note—
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:
(a)  the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b)  the cleaning of motor vehicles,
(c)  installation of accessories,
(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e)  the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated:
(a)  pipelines and tunnels, and
(b)  pumping stations, and
(c)  dosing facilities, and
(d)  odour control works, and
(e)  sewage overflow structures, and
(f)  vent stacks.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
Sewage Treatment Plant Map means the Tamworth Regional Local Environmental Plan 2010 Sewage Treatment Plant Map.
sewerage system means any of the following:
(a)  biosolids treatment facility,
(b)  sewage reticulation system,
(c)  sewage treatment plant,
(d)  water recycling facility,
(e)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means a brothel, but does not include home occupation (sex services).
shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.
Note—
Shops are a type of retail premises—see the definition of that term in this Dictionary.
shop top housing means one or more dwellings located above ground floor retail premises or business premises.
Note—
Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.
signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following:
(a)  an advertising structure,
(b)  a building identification sign,
(c)  a business identification sign,
but does not include a traffic sign or traffic control facilities.
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note—
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage:
(a)  any basement,
(b)  any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)  any eaves,
(d)  unenclosed balconies, decks, pergolas and the like.
small bar means a small bar within the meaning of the Liquor Act 2007.
Note—
Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires:
(a)  a large area for handling, display or storage, or
(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Note—
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note—
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:
(a)  a space that contains only a lift shaft, stairway or meter room, or
(b)  a mezzanine, or
(c)  an attic.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined as follows:
swimming pool means an excavation, structure or vessel:
(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note—
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.
Note—
Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.
telecommunications facility means:
(a)  any part of the infrastructure of a telecommunications network, or
(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)  any other thing used in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note—
The term is defined as follows:
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
the Act means the Environmental Planning and Assessment Act 1979.
timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note—
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:
(a)  backpackers’ accommodation,
(b)  bed and breakfast accommodation,
(c)  farm stay accommodation,
(d)  hotel or motel accommodation,
(e)  serviced apartments,
but does not include:
(f)  camping grounds, or
(g)  caravan parks, or
(h)  eco-tourist facilities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
Note—
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
underground mining means:
(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
urban release area means an area of land identified as “Urban Release Area” on the Urban Release Area Map.
Urban Release Area Map means the Tamworth Regional Local Environmental Plan 2010 Urban Release Area Map.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note—
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
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 the purpose of treatment.
viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.
Note—
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, and includes local distribution premises.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
Note—
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
Waste Disposal Facility Map means the Tamworth Regional Local Environmental Plan 2010 Waste Disposal Facility Map.
waste or resource management facility means any of the following:
(a)  a resource recovery facility,
(b)  a waste disposal facility,
(c)  a waste or resource transfer station,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
Note—
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated:
(a)  retention structures, and
(b)  treatment works, and
(c)  irrigation schemes.
Note—
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.
Note—
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note—
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following:
(a)  a water reticulation system,
(b)  a water storage facility,
(c)  a water treatment facility,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
Note—
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
Water Treatment Facilities Map means the Tamworth Regional Local Environmental Plan 2010 Water Treatment Facilities Map.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).
wetland means:
(a)  natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities:
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.