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Part 1 Preliminary

1.1 Name of Plan

This Plan is Bega Valley Local Environmental Plan 2013.

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 Bega Valley in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa)  to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a)  to protect and improve the economic, natural and social resources of Bega Valley through the principles of ecologically sustainable development, including conservation of biodiversity, energy efficiency and taking into account projected changes as a result of climate change,
(b)  to provide employment opportunities and strengthen the local economic base by encouraging a range of enterprises, including tourism, that respond to lifestyle choices, emerging markets and changes in technology,
(c)  to conserve and enhance environmental assets, including estuaries, rivers, wetlands, remnant native vegetation, soils and wildlife corridors,
(d)  to encourage compact and efficient urban settlement,
(e)  to ensure that development contributes to the natural landscape and built form environments that make up the character of Bega Valley,
(f)  to provide opportunities for a range of housing choice in locations that have good access to public transport, community facilities and services, retail and commercial services and employment opportunities,
(g)  to protect agricultural lands by preventing land fragmentation and adverse impacts from non-agricultural land uses,
(h)  to identify and conserve the Aboriginal and European cultural heritage of Bega Valley,
(i)  to restrict development on land that is subject to natural hazards,
(j)  to ensure that development has minimal impact on water quality and environmental flows of receiving waters.

1.3 Land to which Plan applies

(1) This Plan applies to the land identified on the Land Application Map.
(1A) Despite subclause (1), this Plan does not apply to the land identified as “Deferred Matter” on the Land Application Map.
cl 1.3: Am 2014 (360), Sch 1.

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 NSW Planning Portal. 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.
(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.
Note—
While Bega Valley Local Environmental Plan 2002 no longer applies to the land to which this Plan applies, it will continue to apply to the land identified as “Deferred matter” under clause 1.3(1A).
cl 1.8: Am 2020 (210), cl 5.

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 3.5 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 public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
cl 1.8A: Am 2019 (621), Sch 5[1].

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 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
cl 1.9: Am 2013 No 111, Sch 3.2 [1] [2]; 2016 (310), Sch 4.2.

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 relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, 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 Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

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
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B4 Mixed Use
B5 Business Development
Industrial Zones
IN1 General Industrial
IN2 Light Industrial
IN4 Working Waterfront
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
cl 2.1: Am 2015 (62), Sch 1 [1].

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.
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 52 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—

State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—

State Environmental Planning Policy (Housing) 2021

State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems

State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2

State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3

State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 7

State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3

State Environmental Planning Policy (Primary Production) 2021, Chapter 2

Land Use tbl: Am 2015 (50), Sch 1 [1] [2]; 2015 (62), Sch 1 [2]; 2015 (740), cl 5 (1)–(3); 2016 (168), Sch 1 [4]; 2017 (493), Sch 1.1 [1] [2]; 2017 (508), Sch 1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2021 (239), Sch 1[1] [2]; 2021 (586), Sch 1[1]–[6]; 2021 (714), Sch 10.2; 2022 (314), Sch 1.

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 encourage development for tourism-related activities and other development that is compatible with agricultural activities, which will not adversely affect the environmental and cultural amenity of the locality.
•  To maintain and protect the scenic value and rural landscape characteristics of land in the zone.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Forestry; Home businesses; Home industries; Home occupations
3   Permitted with consent
Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Charter and tourism boating facilities; Community facilities; Correctional centres; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Home-based child care; Industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Water supply systems; Wholesale supplies
4   Prohibited
Any development not specified in item 2 or 3

Zone RU2 Rural Landscape

1   Objectives of zone
•  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•  To maintain the rural landscape character of the land.
•  To provide for a range of compatible land uses, including extensive agriculture.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home businesses; Home industries; Home occupations
3   Permitted with consent
Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Charter and tourism boating facilities; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Home-based child care; Information and education facilities; Intensive plant agriculture; Jetties; Landscaping material supplies; Light industries; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Water supply systems; Wholesale supplies
4   Prohibited
Any development not specified in item 2 or 3

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
Bee keeping; Building identification signs; Environmental facilities; 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; Camping grounds; Eco-tourist facilities; Roads
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; Home occupations
3   Permitted with consent
Agricultural produce industries; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Depots; Dual occupancies (attached); Dwelling houses; Emergency services facilities; Extensive agriculture; Farm buildings; Farm stay accommodation; Garden centres; Home businesses; Home industries; Intensive plant agriculture; Landscaping material supplies; Plant nurseries; Roads; Roadside stalls
4   Prohibited
Any development not specified in item 2 or 3

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 ensure that development maintains and protects the village character.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home businesses; Home industries; Home occupations
3   Permitted with consent
Bee keeping; Boarding houses; Boat launching ramps; Car parks; Caravan parks; Centre-based child care facilities; Commercial premises; Community facilities; Crematoria; Depots; Dwelling houses; Dual occupancies; Entertainment facilities; Environmental facilities; Exhibition homes; Function centres; Home-based child care; Information and education facilities; Jetties; Light industries; Local distribution premises; Mortuaries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Schools; Secondary dwellings; Self-storage units; Semi-detached dwellings; Seniors housing; Service stations; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Water recreation structures; Wholesale supplies
4   Prohibited
Specialised retail premises; Any other development not specified in item 2 or 3

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
Environmental protection works; Home businesses; Home industries; Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Hostels; Jetties; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Tank-based aquaculture; Water recreation structures; Wharf or boating facilities
4   Prohibited
Any development not specified in item 2 or 3

Zone R3 Medium Density Residential

1   Objectives of zone
•  To provide for the housing needs of the community within a medium density residential environment.
•  To provide a variety of housing types within a medium 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
Environmental protection works; Home businesses; Home industries; Home occupations
3   Permitted with consent
Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Group homes; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Extractive industries; Forestry; Freight transport facilities; Function centres; Funeral homes; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recycling facilities; Water supply systems; 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.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home businesses; Home industries; Home occupations
3   Permitted with consent
Bee keeping; Cellar door premises; Dwelling houses; Information and education facilities; Landscaping material supplies; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Roads; Roadside stalls; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Air transport facilities; Airstrips; Amusement centres; Attached dwellings; Backpackers’ accommodation; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dairies (pasture-based); Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Funeral homes; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Intensive livestock agriculture; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Multi dwelling housing; Office premises; Open cut mining; Passenger transport facilities; Port facilities; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Restricted premises; Retail premises; Rural industries; Rural workers’ dwellings; Semi-detached dwellings; Seniors housing; Service stations; Serviced apartments; Sewage treatment plants; Sex services premises; Shop top housing; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recycling facilities; Water reticulation systems; Water treatment facilities; 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.
•  To minimise conflict between land uses on land in the zone and land uses on land in adjoining zones.
2   Permitted without consent
Environmental protection works; Home businesses; Home industries; Home occupations
3   Permitted with consent
Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care centres; Restaurants or cafes; Roads; Shop top housing; Shops; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Camping grounds; Car parks; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Mortuaries; Open cut mining; Passenger transport facilities; Pond-based aquaculture; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Retail premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; 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 enable other land uses that are complementary to, and do not detract from, the viability of commercial uses within the zone.
•  To minimise conflict between land uses on land in the zone and land uses on land in adjoining zones.
•  To strengthen the viability of existing business centres as places for investment, employment and cultural activity.
2   Permitted without consent
Environmental protection works; Home businesses; Home industries; Home occupations
3   Permitted with consent
Artisan food and drink industries; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; 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; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Mortuaries; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies

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
Environmental protection works; Home businesses; Home industries; Home occupations
3   Permitted with consent
Artisan food and drink industries; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Camping grounds; Caravan parks; Cemeteries; Crematoria; Depots; Eco-tourist facilities; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Mortuaries; Open cut mining; Pond-based aquaculture; Port facilities; Recreation facilities (major); Recreation facilities (outdoor); Resource recovery facilities; Rural industries; Rural workers’ dwellings; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste disposal facilities; Water recycling facilities; Water supply systems; 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.
•  To cater specifically for uses that require a high degree of visibility and accessibility to passing traffic and that generate a high proportion of single purpose vehicle trips.
•  To enable the establishment of an aquaculture, agricultural produce and tourist precinct at Arthur Kaine Drive, Merimbula.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Agricultural produce industries; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Educational establishments; Function centres; Garden centres; Hardware and building supplies; Highway service centres; Hotel or motel accommodation; Information and education facilities; Landscaping material supplies; Light industries; Oyster aquaculture; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Research stations; Respite day care centres; Restricted premises; Roads; Service stations; Sewerage systems; Specialised retail premises; Storage premises; Tank-based aquaculture; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Water supply systems
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3

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 allow a range of support services that do not have an adverse impact on the viability of business and commercial zones.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Depots; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Plant nurseries; Roads; Rural supplies; 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; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Function centres; Hazardous storage establishments; Helipads; Home occupations (sex services); Marinas; Medical centres; Mooring pens; Moorings; Mortuaries; Offensive storage establishments; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Tourist and visitor accommodation; Water recreation structures

Zone IN2 Light Industrial

1   Objectives of zone
•  To provide a wide range of light industrial, warehouse and related land uses.
•  To encourage employment opportunities and to support the viability of centres.
•  To minimise any adverse effect of industry on other land uses.
•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•  To support and protect industrial land for industrial uses.
•  To mitigate potential amenity conflicts between industrial uses and nearby residential uses.
•  To ensure that development has regard to the environmental constraints of the land and minimises adverse impacts on biodiversity, water resources and natural landforms.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Depots; Garden centres; Hardware and building supplies; Industrial training facilities; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads; Self-storage units; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Business premises; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Function centres; Heavy industrial storage establishments; Helipads; Home occupations (sex services); Industries; Markets; Medical centres; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture; Pubs; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Resource recovery facilities; Respite day care centres; Restaurants or cafes; Roadside stalls; Rural industries; Sewage treatment plants; Shops; Specialised retail premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Waste disposal facilities; Water recreation structures; Water recycling facilities

Zone IN4 Working Waterfront

1   Objectives of zone
•  To retain and encourage waterfront industrial and maritime activities.
•  To identify sites for maritime purposes and for activities that require direct waterfront access.
•  To ensure that development does not have an adverse impact on the environmental and visual qualities of the foreshore.
•  To encourage employment opportunities.
•  To minimise any adverse effect of development on land uses in other zones.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat building and repair facilities; Boat launching ramps; Charter and tourism boating facilities; Depots; Freight transport facilities; Industries; Jetties; Light industries; Liquid fuel depots; Port facilities; Public administration buildings; Roads; Warehouse or distribution centres; Wharf or boating facilities
4   Prohibited
Any development not specified in item 2 or 3

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
Environmental protection works
3   Permitted with consent
Aquaculture; Roads; 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
Environmental protection works
3   Permitted with consent
Aquaculture; Roads; 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 SP3 Tourist

1   Objectives of zone
•  To provide for a variety of tourist-oriented development and related uses.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Amusement centres; Artisan food and drink industries; Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Food and drink premises; Function centres; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Service stations; Tourist and visitor accommodation; Water recreation structures
4   Prohibited
Any 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
3   Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Sewage treatment plants; Water recreation structures
4   Prohibited
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.
•  To ensure that the scale and character of private recreational development is compatible with the surrounding land uses.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Take away food and drink premises; Tourist and visitor accommodation; Water recreation structures
4   Prohibited
Any development not specified in item 2 or 3

Zone C1 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 C2 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
Environmental protection works
3   Permitted with consent
Boat launching ramps; Boat sheds; Building identification signs; Community facilities; Environmental facilities; Jetties; Oyster aquaculture; Roads; Water recreation structures
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; 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 C3 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.
•  To provide for low density development and land use activities relating to settlement in natural surroundings, for sustainable agriculture and for other types of land uses compatible with the primary environmental values of the zone.
•  To limit residential development in environmentally sensitive areas.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home businesses; Home industries; Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Bee keeping; Boat launching ramps; Building identification signs; Camping grounds; Cellar door premises; Community facilities; Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Function centres; Home-based child care; Information and education facilities; Jetties; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Roads; Roadside stalls; Secondary dwellings; Tank-based aquaculture; Viticulture; Water recreation structures; Water storage facilities
4   Prohibited
Industries; Local distribution premises; 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

Zone C4 Environmental Living

1   Objectives of zone
•  To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
•  To ensure that residential development does not have an adverse effect on those values.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home businesses; Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Bee keeping; Building identification signs; Camping grounds; Cellar door premises; Community facilities; Dwelling houses; Dual occupancies; Eco-tourist facilities; Environmental facilities; Flood mitigation works; Home industries; Information and education facilities; Jetties; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Restaurants or cafes; Roads; Roadside stalls; Secondary dwellings; Tank-based aquaculture; Water recreation structures; Water storage facilities
4   Prohibited
Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W1 Natural Waterways

1   Objectives of zone
•  To protect the ecological and scenic values of natural waterways.
•  To prevent development that would have an adverse effect on the natural values of waterways in this zone.
•  To provide for sustainable fishing industries and recreational fishing.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Environmental facilities; Jetties; Mooring pens; Moorings; Recreation areas
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W2 Recreational Waterways

1   Objectives of zone
•  To protect the ecological, scenic and recreation values of recreational waterways.
•  To allow for water-based recreation and related uses.
•  To provide for sustainable fishing industries and recreational fishing.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Charter and tourism boating facilities; Environmental facilities; Information and education facilities; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Recreation areas; Water recreation structures
4   Prohibited
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W3 Working Waterways

1   Objectives of zone
•  To enable the efficient movement and operation of commercial shipping, water-based transport and maritime industries.
•  To promote the equitable use of waterways, including appropriate recreational uses.
•  To minimise impacts on ecological values arising from the active use of waterways.
•  To provide for sustainable fishing industries.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Charter and tourism boating facilities; Environmental facilities; Information and education facilities; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Port facilities; Recreation areas; Water recreation structures; Wharf or boating facilities
4   Prohibited
Any development not specified in item 2 or 3

Part 3 Exempt and complying development

3.1 Exempt development

(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.
Note—
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
(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 Land Management Act 2016 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 provide controls for the subdivision of land in order to achieve the objectives of the relevant zone.
(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 2021.
(4A) Despite subclause (3), development consent may be granted for the subdivision of land in the following zones to create lots of at least 150 square metres if there are at least 2 existing dwellings (other than secondary dwellings) on the land and each dwelling will be located on a separate lot resulting from the subdivision—
(a)  Zone RU5 Village,
(b)  Zone R2 Low Density Residential,
(c)  Zone R3 Medium Density Residential.

4.1AA Minimum subdivision lot size for community title schemes

(1) The objectives of this clause are as follows—
(a)  to provide controls for the subdivision of community title schemes in order to achieve the objectives of the relevant zone.
(2) This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU5 Village,
(e)  Zone R5 Large Lot Residential,
(f)  Zone E3 Environmental Management,
(g)  Zone E4 Environmental Living,
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 2021) 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.

4.1A Minimum lot size for dual occupancies in Zones RU5 and R2

(1) The objective of this clause is to achieve planned residential density in certain zones.
(2) This clause applies to land in the following zones—
(a) Zone RU5 Village,
(b) Zone R2 Low Density Residential.
(3) Development consent must not be granted to development on a lot for the purposes of dual occupancies unless the area of the lot is at least 550 square metres.
(4) If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle must not be included in calculating the lot size.
cl 4.1A: Subst 2021 (700), cl 4.

4.1B Lot averaging subdivision in Zone R5, Zone E3 and Zone E4

(1) The objective of this clause is to ensure that lot sizes and subdivision patterns for residential accommodation conserve and provide protection for the environmental values of the land by encouraging buildings to be appropriately sited.
(2) This clause applies to land in the following zones—
(a)  Zone R5 Large Lot Residential,
(b)  Zone E3 Environmental Management,
(c)  Zone E4 Environmental Living.
(3) Despite clauses 4.1 and 4.1AA, development consent may be granted to the subdivision of land to which this clause applies (whether or not the subdivision is under the Community Land Development Act 1989) if—
(a)  the consent authority is satisfied that the land to be subdivided is proposed to be used for the purpose of residential accommodation, and
(b)  for land in Zone R5 Large Lot Residential—the area of the lots resulting from the subdivision will not be less than 3,000 square metres, and
(c)  for land in Zone E3 Environmental Management or Zone E4 Environmental Living—the area of the lots resulting from the subdivision will not be less than 5,000 square metres, and
(d)  the total number of lots resulting from the subdivision will not exceed the number of lots that could be created by a subdivision of the same land under clause 4.1(3) or 4.1AA(3), and
(e)  the consent authority is satisfied that the development retains, and is complementary to, the environmental attributes of the land and its surrounds.
(4) Despite any other provision of this Plan, development consent must not be granted to the subdivision of a lot created under this clause unless the consent authority is satisfied that—
(a)  the lots resulting from the subdivision will not be used for the purpose of residential accommodation, and
(b)  the subdivision will not result in any significant adverse environmental impacts on the land being subdivided.

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 all of these zones.
(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—
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).

4.2A Erection of dwelling houses and dual occupancies on land in certain rural, residential and environment protection zones

(1) The objectives of this clause are as follows—
(a)  to minimise unplanned rural residential development,
(b)  to enable the replacement of lawfully erected dwelling houses and dual occupancies in rural, residential and environment protection zones.
(2) This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone R5 Large Lot Residential,
(e)  Zone E3 Environmental Management,
(f)  Zone E4 Environmental Living.
(3) Development consent must not be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the land—
(a)  is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or
(b)  is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dwelling house or dual occupancy was permissible immediately before that commencement, or
(c)  is 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 or dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or
(d)  is an original holding, or
(e)  would have been a lot or a holding referred to in paragraph (a), (b), (c) or (d) had it not been affected by—
(i)  a minor realignment of its boundaries that did not create an additional lot, or
(ii)  a subdivision creating or widening a public road or public reserve or for another public purpose.
Note—
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
(4)   (Repealed)
(5) Development consent may be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house or dual occupancy on the land and the dwelling house or dual occupancy to be erected is intended only to replace the existing dwelling house or dual occupancy.
(6) In this clause—
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.
original holding means—
(a)  land that is identified as “Original Holdings” on the Original Holdings Map, or
(b)  any other land that was a holding on 7 January 1966, and is a holding at the time the application for development consent referred to in subclause (3) is lodged, whether or not there has been a change in the ownership of the holding since 7 January 1966.
cl 4.2A: Am 2018 (381), Sch 1 [1]–[3]; 2018 No 68, Sch 2.3; 2021 (239), Sch 1[3].

4.2B Exceptions to minimum lot sizes for certain rural subdivisions

(1) The objective of this clause is to enable the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses or dual occupancies.
(2) This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape.
(3) Land to which this clause 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—
(a)  there is no dwelling house or dual occupancy located on the land, and
(b)  the use of the land after the subdivision will be the same use permitted under the existing development consent for the land.
(4) Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that—
(a)  the subdivision will not adversely affect the use of the surrounding land for agriculture, and
(b)  the subdivision is necessary for the ongoing operation of the permissible use, and
(c)  the subdivision will not increase rural land use conflict in the locality, and
(d)  the subdivision is appropriate having regard to the natural and physical constraints affecting the land.

4.2C Erection of rural workers’ dwellings

(1) The objectives of this clause are as follows—
(a)  to ensure the provision of adequate accommodation for employees of existing agricultural or rural industries,
(b)  to permit the erection of rural workers’ dwellings if there is a genuine need to accommodate on-site employees due to the nature of the agricultural or rural industry, or due to the location of the land,
(c)  to prevent the erection of rural workers’ dwellings if the agricultural or rural industry does not have the capacity to support the employment of rural workers.
(2) This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape.
(3) Development consent must not be granted to the erection of a rural worker’s dwelling on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development will be on the same lot as an existing lawfully erected dwelling house, and
(b)  the development will not impair the use of the land for agricultural or rural industries, and
(c)  the agricultural or rural industry being carried out on the land has a demonstrated economic capacity to support the ongoing employment of rural workers, and
(d)  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.

4.2D Erection of dual occupancies (detached) in Zone RU1 and Zone RU2

(1) The objectives of this clause are as follows—
(a)  to provide alternative accommodation for rural families and workers,
(b)  to ensure development is of a scale and nature that is compatible with the primary production potential, rural character and environmental capabilities of the land and adjoining land,
(c)  to provide an optimal layout of dwellings as follows—
(i)  in relation to the aspect and slope of the land,
(ii)  that minimises the potential for land use conflicts,
(iii)  that minimises the risk of natural hazards that may affect the site,
(iii)  that protects the biodiversity and Aboriginal cultural heritage of the land.
(2) Development consent must not be granted to development for the purpose of a dual occupancy (detached) on land in Zone RU1 Primary Production or Zone RU2 Rural Landscape unless the consent authority is satisfied that—
(a)  the development will not impair the use of the land for agriculture or rural industries, and
(b)  each dwelling will use the same vehicular access to and from a public road, and
(c)  each dwelling will be situated within 250 metres of each other, and
(d)  the land is physically suitable for the development, and
(e)  the land is capable of accommodating the on-site disposal and management of sewage for the development, and
(f)  the development will not have an adverse impact on the scenic amenity or character of the rural environment.
cl 4.2D: Ins 2015 (50), Sch 1 [3]. Am 2015 No 58, Sch 2.1; 2021 (239), Sch 1[4] [5].

4.2E Exceptions to minimum subdivision lot size for boundary adjustments

(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) Despite clause 4.1, development consent may be granted to the subdivision of 2 or more adjoining lots where one or more lots do not meet the minimum lot size shown on the Lot Size Map if the consent authority is satisfied that 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 that may be erected on any of the lots,
(c)  increased potential for land use conflicts.
(3) In determining whether to grant development consent for the subdivision of land under this clause, the consent authority must consider the following—
(a)  whether or not the development is likely to maintain or improve the environmental values and agricultural viability of the land,
(b)  the potential impact on the natural and physical constraints affecting the land, taking into account the long-term maintenance, management and protection of the land,
(c)  the compatibility with existing or potential land uses and measures that are deemed necessary to avoid or minimise any potential for land use conflicts.
(4) 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.
cll 4.2E, 4.2F: Ins 2016 (4), Sch 1.

4.2F Exceptions to minimum subdivision lot sizes for resulting lots

(1) The objectives of this clause are as follows—
(a)  to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b)  to ensure that the subdivision occurs in a manner that promotes suitable land use and development.
(2) This clause applies to a lot (an original lot) that contains land in—
(a)  a rural or environment protection zone, and
(b)  one or more other zones.
(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 all of the land within a rural or environment protection zone, and—
(i)  any existing dwelling, or
(ii)  any land within any other zone with an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, 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.
(4) In determining whether to grant development consent for the subdivision of land under this clause, the consent authority must consider the following—
(a)  whether or not the development is likely to maintain or improve the environmental values and agricultural viability of the land,
(b)  the potential impact on the natural and physical constraints affecting the land, taking into account the long-term maintenance, management and protection of the land,
(c)  the compatibility with existing or potential land uses and measures that are deemed necessary to avoid or minimise any potential for land use conflicts.
cll 4.2E, 4.2F: Ins 2016 (4), Sch 1.

4.3 Height of buildings

(1) The objectives of this clause are as follows—
(a) to retain the existing character and landscape of the locality and to encourage a low-set building form,
(b) to protect residential amenity, views, privacy and solar access.
(2) The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

4.4 Floor space ratio

(1) The objectives of this clause are as follows—
(a) to establish the maximum development density and intensity of land use, taking into account the availability of infrastructure to service that site and the vehicle and pedestrian traffic that the development will generate,
(b) to ensure that buildings are compatible with the bulk and scale of the locality.
(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 Planning Secretary has been obtained.
(5) In deciding whether to grant concurrence, the Planning 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 Planning 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 C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 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.
(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,
(caa)  clause 5.5,
(ca)  clause 5.3(2).

Part 5 Miscellaneous provisions

5.1 Relevant acquisition authority

(1) The objective of this clause is to identify, for the purposes of section 3.15 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 2.5 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Transport for NSW
Zone C1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Zone E2 Environmental Conservation and marked “Coastal lands acquisition”
The corporation constituted under section 8 of the Act
(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.

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 that Table.
Column 1
Column 2
Land
Development
Zone E1 National Parks and Nature Reserves and marked “National Park”
Roads
Zone E2 Environmental Conservation and marked “Coastal lands acquisition”
Recreation areas

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 and certain Crown land). 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 Land Management Act 2016).
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 50 metres from a boundary between Zone RU1 Primary Production and Zone RU2 Rural Landscape, and in all other cases the relevant distance is 20 metres from any zone boundary of land not excluded by subclause (3).
(3) This clause does not apply to—
(a)  land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or
(a1)  land in Zone RU3 Forestry, Zone SP1 Special Activities, Zone SP2 Infrastructure, Zone RE2 Private Recreation, Zone E4 Environmental Living, Zone W2 Recreational Waterways or Zone W3 Working Waterways, 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.

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 4 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 100 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 100 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)  40% 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 6 bedrooms.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 50 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 100 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 10 square metres.
(9) Secondary dwellings on land other than land in a rural zone If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, 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)  30% 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 Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a)  40% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2017 (508), Sch 1 [3]; 2018 (406), Sch 1.9 [1] [2].

5.5 Controls relating to secondary dwellings on land in a rural zone

If development for the purposes of a secondary dwelling is permitted under this Plan on land in a rural zone—
(a)  the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
(i)  60 square metres,
(ii)  30% of the total floor area of the principal dwelling, and
(b)  the distance between the secondary dwelling and the principal dwelling must not exceed 250 metres.
cl 5.5: Subst 2021 (239), Sch 1[6].

5.6 Architectural roof features

[Not adopted]

5.7 Development below mean high water mark

(1) The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
(2) Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).

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 Dwelling house or secondary dwelling affected by natural disaster

(1) The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.
(2) This clause applies to land in the following zones—
(a)  RU1 Primary Production,
(b)  RU2 Rural Landscape,
(c)  RU4 Primary Production Small Lots,
(d)  RU5 Village,
(e)  R2 Low Density Residential,
(f)  R3 Medium Density Residential,
(g)  R5 Large Lot Residential,
(h)  B4 Mixed Use,
(i)  E3 Environmental Management,
(j)  E4 Environmental Living.
(3) Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—
(a)  the dwelling house or secondary dwelling was lawfully erected, and
(b)  the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.
cl 5.9: Ins 2021 (302), Sch 1.2.

5.9AA (Repealed)

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 Bega Valley,
(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 (Transport and Infrastructure) 2021, Chapter 2.
(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

(1) The objectives of this clause are as follows—
(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,
(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.
(2) This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.
(3) The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that—
(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and
(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and
(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and
(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and
(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and
(f)  waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and
(g)  the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and
(h)  any infrastructure services to the site will be provided without significant modification to the environment, and
(i)  any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and
(j)  the development will not adversely affect the agricultural productivity of adjoining land, and
(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment—
(i)  measures to remove any threat of serious or irreversible environmental damage,
(ii)  the maintenance (or regeneration where necessary) of habitats,
(iii)  efficient and minimal energy and water use and waste output,
(iv)  mechanisms for monitoring and reviewing the effect of the development on the natural environment,
(v)  maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.

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 conservation 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 conservation 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 C2 Environmental Conservation,
(h)  Zone C3 Environmental Management,
(i)  Zone C4 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 C3 Environmental Management or Zone C4 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 in 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 E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial or Zone MU1 Mixed Use—that the development is for the purpose of small scale aquarium fish production, and
(ii)  pond-based aquaculture in Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii)  tank-based aquaculture in 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 C3 Environmental Management or Zone C4 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.

5.20 Standards that cannot be used to refuse consent—playing and performing music

(1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—
(a)  the playing or performance of music, including the following—
(i)  the genre of music played or performed, or
(ii)  whether the music played or performed is live or amplified, or
(iii)  whether the music played or performed is original music, or
(iv)  the number of musicians or live entertainment acts playing or performing, or
(v)  the type of instruments played,
(b)  whether dancing occurs,
(c)  the presence or use of a dance floor or another area ordinarily used for dancing,
(d)  the direction in which a stage for players or performers faces,
(e)  the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.
(2) The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.
(3) In this clause—
licensed premises has the same meaning as in the Liquor Act 2007.

5.21 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 flood function and behaviour on the land, taking into account projected changes as a result of climate change,
(c)  to avoid adverse or cumulative impacts on flood behaviour and the environment,
(d)  to enable the safe occupation and efficient evacuation of people in the event of a flood.
(2) Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—
(a)  is compatible with the flood function and behaviour on the land, and
(b)  will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c)  will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d)  incorporates appropriate measures to manage risk to life in the event of a flood, and
(e)  will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.
(3) In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—
(a)  the impact of the development on projected changes to flood behaviour as a result of climate change,
(b)  the intended design and scale of buildings resulting from the development,
(c)  whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,
(d)  the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.
(4) A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.
(5) In this clause—
Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the Department’s website on 14 July 2021.
flood planning area has the same meaning as it has in the Floodplain Development Manual.
Floodplain Development Manual means the Floodplain Development Manual(ISBN 0 7347 5476 0) published by the NSW Government in April 2005.

5.22 Special flood considerations

[Not adopted]

Part 6 Additional local provisions

6.1 Acid sulfate soils

(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
Class of land
Works
1
Any works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be lowered.
3
Works more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4
Works more than 2 metres below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5
Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.
(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a)  emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b)  routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c)  minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a)  the works involve the disturbance of less than 1 tonne of soil, and
(b)  the works are not likely to lower the watertable.

6.2 Earthworks

(1) The objective of this clause is 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.
(2) Development consent is required for earthworks unless—
(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.
(3) Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,
(b)  the effect of the 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 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)  the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,
(h)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
Note—
The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.

6.3 (Repealed)

cl 6.3: Rep 2021 (225), Sch 1.

6.4 Coastal risk planning

(1) The objectives of this clause are as follows—
(a)  to avoid significant adverse impacts from coastal hazards,
(b)  to ensure uses of land identified as coastal risk are compatible with the risks presented by coastal hazards,
(c)  to enable the evacuation of land identified as coastal risk in an emergency,
(d)  to avoid development that increases the severity of coastal hazards.
(2) This clause applies to—
(a)  land in the coastal zone below the 3 metre AHD contour, or
(b)  land at or below the level of a 1:100 ARI (average recurrent interval) coastal inundation or erosion event.
(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 not likely to cause detrimental increases in coastal risks to other development or properties, and
(b)  is not likely to alter coastal processes and the impacts of coastal hazards to the detriment of the environment, and
(c)  incorporates appropriate measures to manage risk to life from coastal risks, and
(d)  is likely to avoid or minimise adverse effects from the impact of coastal processes and the exposure to coastal hazards, particularly if the development is located seaward of the immediate hazard line, and
(e)  provides for the relocation, modification or removal of the development to adapt to the impact of coastal processes and coastal hazards.
(4) A word or expression used in this clause has the same meaning as it has in the NSW Coastal Planning Guideline: Adapting to Sea Level Rise (ISBN 978-1-74263-035-9) published by the NSW Government in August 2010, unless it is otherwise defined in this clause.
(5) In this clause, coastal hazard has the same meaning as in the Coastal Management Act 2016.
cl 6.4: Am 2018 (106), Sch 2.2.

6.5 Terrestrial biodiversity

(1) The objective of this clause is to maintain terrestrial biodiversity by—
(a)  protecting native fauna and flora, and
(b)  protecting the ecological processes necessary for their continued existence, and
(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.
(2) This clause applies to land identified as “Biodiversity” on the Terrestrial Biodiversity Map.
(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider—
(a)  whether the development is likely to have—
(i)  any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and
(ii)  any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and
(iii)  any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and
(iv)  any adverse impact on the habitat elements providing connectivity on the land, and
(b)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(4) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

6.6 Riparian land and watercourses

(1) The objective of this clause is to protect and maintain the following—
(a)  water quality within watercourses,
(b)  the stability of the bed and banks of watercourses,
(c)  aquatic and riparian habitats,
(d)  ecological processes within watercourses and riparian areas.
(2) This clause applies to the following land—
(a)  land identified as “Watercourse” on the Riparian Lands and Watercourses Map,
(b)  all land that is within 40 metres of the top of the bank of each watercourse on land identified as “Watercourse” on that map.
(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider—
(a)  whether or not the development is likely to have any adverse impact on the following—
(i)  the water quality and flows within the watercourse,
(ii)  aquatic and riparian species, habitats and ecosystems of the watercourse,
(iii)  the stability of the bed and banks of the watercourse,
(iv)  the free passage of fish and other aquatic organisms within or along the watercourse,
(v)  any future rehabilitation of the watercourse and riparian areas, and
(b)  whether or not the development is likely to increase water extraction from the watercourse, and
(c)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(4) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

6.7 Environmentally sensitive land

(1) The objective of this clause is to protect, maintain or improve the diversity and stability of landscapes by—
(a)  restricting development on land that is generally unsuitable for development due to steep slopes, or shallow or erodible soils, and
(b)  restricting development on land with a high proportion of rock outcropping.
(2) This clause applies to land identified as “Constrained land” on the Natural Resources Land Map.
(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered the potential adverse impact on—
(a)  any land with a slope that is greater than 25%,
(b)  any land that is subject to high erosion potential,
(c)  any land with a high proportion of rock outcropping.

6.8 Airspace operations

(1) The objectives of this clause are as follows—
(a)  to provide for the effective and ongoing operation of the Merimbula Airport by ensuring that such operation is not compromised by proposed development that penetrates the Limitation or Operations Surface for that airport,
(b)  to protect the community from undue risk from that operation.
(2) If a development application is received and the consent authority is satisfied that the proposed development will penetrate the Limitation or Operations Surface, the consent authority must not grant development consent unless it has consulted with the relevant Commonwealth body about the application.
(3) The consent authority may grant development consent for the development if the relevant Commonwealth body advises that—
(a)  the development will penetrate the Limitation or Operations Surface but it has no objection to its construction, or
(b)  the development will not penetrate the Limitation or Operations Surface.
(4) The consent authority must not grant development consent for the development if the relevant Commonwealth body advises that the development will penetrate the Limitation or Operations Surface and should not be constructed.
(5) In this clause—
Limitation or Operations Surface means the Obstacle Limitation Surface or the Procedures for Air Navigation Services Operations Surface as shown on the Obstacle Limitation Surface Map or the Procedures for Air Navigation Services Operations Surface Map for the Merimbula Airport.
Obstacle Limitation Surface Map means the Obstacle Limitation Surface Map for the Merimbula Airport prepared by the relevant Commonwealth body.
relevant Commonwealth body means the body, under Commonwealth legislation, that is responsible for development approvals for development that penetrates the Limitation or Operations Surface for the Merimbula Airport.

6.9 Development at Kalaru Racecourse

(1) This clause applies to Lots 1–19, DP 285667, being land identified as “Kalaru Racecourse” on the Local Clauses Map.
(2) Development consent may be granted to development for the purpose of a dwelling house on land to which this clause applies if—
(a)  the lot on which the dwelling house will be situated is a neighbourhood lot, and
(b)  development consent has been granted for a stabling complex on the land, and
(c)  the stabling complex has been completed or will be completed before the dwelling house is occupied.
(3) In this clause—
neighbourhood lot has the same meaning as it has in the Community Land Development Act 1989.
stabling complex means a place used or designed to be used for the purposes of receiving, maintaining, boarding and keeping horses that is able to contain at least 5 horses in individual stalls.

6.10 Development of certain land at Sapphire Coast Drive and Tura Beach Drive, Tura Beach

(1) This clause applies to Lots 1 and 2, DP 1159617, being land at the corner of Sapphire Coast Drive and Tura Beach Drive, Tura Beach, identified on the Local Clauses Map.
(2) Despite any other provision of this Plan, development consent may be granted to development on land to which this clause applies for the following purposes—
(a)  commercial premises,
(b)  community facilities,
(c)  retail premises, but only if the total floor space is less than 5,000 square metres.

6.11 (Repealed)

cl 6.11: Rep 2021 (175), Sch 2.1.

Schedule 1 Additional permitted uses

(Clause 2.5)

1 Use of certain land at Princes Highway, Bega

(1) This clause applies to land at Princes Highway, Bega, being Lot 1, DP 714726 identified as “1” on the Additional Permitted Uses Map.
(2) Development for the purposes of landscaping material supplies, storage premises and vehicle sales or hire premises is permitted with development consent.

2 Use of certain land at Murrah Street, Bermagui

(1) This clause applies to land at Murrah Street, Bermagui, being Part Lot 307, DP 735144 identified as “2” on the Additional Permitted Uses Map.
(2) Development for the purpose of tourist and visitor accommodation is permitted with development consent.

2A Use of certain land at 487 Sapphire Coast Drive, Bournda

(1) This clause applies to land at 487 Sapphire Coast Drive, Bournda, being Lot 292, DP 853663, identified as “19” on the Additional Permitted Uses Map.
(2) Development for the purposes of a neighbourhood shop and service station is permitted with development consent.

3 Use of certain land at Princes Highway, Broadwater

(1) This clause applies to land at Princes Highway, Broadwater, being Lot 43, DP 750242, Lot 243, DP 1112013 and Lot 25, DP 750242 identified as “3” on the Additional Permitted Uses Map.
(2) Development for the purposes of recreation facilities (outdoor) and tourist and visitor accommodation is permitted with development consent.

4 Use of certain land at Princes Highway, Broadwater

(1) This clause applies to land at Princes Highway, Broadwater, being Lot 41, DP 1073563 identified as “4” on the Additional Permitted Uses Map.
(2) Development for the purposes of boat building and repair facilities is permitted with development consent.

5 Use of certain land at Princes Highway, Eden

(1) This clause applies to land at Princes Highway, Eden, being Lot 2, DP 634021 identified as “5” on the Additional Permitted Uses Map.
(2) Development for the purpose of tourist and visitor accommodation is permitted with development consent.

6 Use of certain land at Princes Highway, Eden

(1) This clause applies to land at Princes Highway, Eden, being Lot 2, DP 233988 identified as “6” on the Additional Permitted Uses Map.
(2) Development for the purpose of landscaping material supplies is permitted with development consent.

7 Use of certain land at Weecoon and Imlay Streets, Eden

(1) This clause applies to land at Weecoon and Imlay Streets, Eden, being Lots 5–8, Section 7, DP 758379, Lot 4, Section 9, DP 758379, Lots 25–28, DP 771427, Lot 12, DP 565608, Lot 23, DP 743157, Lot 161, DP 1012927, Lot 1, DP 198044, Lot 11, DP 565608, Lot 225, DP 47934, Lots 3–4 and 9, Section 7, DP 758379, Lot 22, Section 9, DP 758379, Lot 50, DP 1109545 and Lot 1, DP 738477 identified as “7” on the Additional Permitted Uses Map.
(2) Development for the purpose of light industries is permitted with development consent.

8 Use of certain land at Merimbula Drive, Merimbula

(1) This clause applies to land at Merimbula Drive, Merimbula, being Lot 3, DP 620570 identified as “8” on the Additional Permitted Uses Map.
(2) Development for the purposes of light industries and tourist and visitor accommodation is permitted with development consent.

9 Use of certain land at Nullica Road, Tarraganda

(1) This clause applies to land at Nullica Road, Tarraganda, being Lot 3, DP 252623 identified as “9” on the Additional Permitted Uses Map.
(2) Development for the purposes of a vehicle repair station and transport depot, being a transport depot for buses, is permitted with development consent.

10 Use of certain land at Tathra-Bermagui Road, Bermagui and Princes Highway, Eden and Sapphire Coast Drive, Merimbula

(1) This clause applies to land at Tathra-Bermagui Road, Bermagui and Princes Highway, Eden and Sapphire Coast Drive, Merimbula, being Lot 312, DP 728092, Lot 1, DP 507706, Lot 55, DP 750194, Lot 1077, DP 1121134 and part of Lot 7004, DP 1054930 identified as “10” on the Additional Permitted Uses Map.
(2) Development for the purpose of a waste disposal facility is permitted without development consent.
(3) This clause ceases to apply from the beginning of 14 June 2020.

11 Use of certain land at Tilba Road, Wallaga Lake

(1) This clause applies to land at Tilba Road, Wallaga Lake, being Lot 41, DP 752130 identified as “11” on the Additional Permitted Uses Map.
(2) Development for the purpose of a function centre is permitted with development consent.

12 Use of certain land at Merimbula Airport

(1) This clause applies to land at Merimbula Airport, Arthur Kaine Drive, Merimbula, being Lot 1, DP 549112 identified as “12” on the Additional Permitted Uses Map.
(2) Development for the purposes of commercial premises, community facilities and light industries is permitted with development consent if the consent authority is satisfied that—
(a) the development will not interfere with the effective operation of the airport, and
(b) the development will not adversely affect the commercial viability of the central business district of Merimbula.

13 Use of certain land at Edrom Road, Edrom

(1) This clause applies to land at Edrom Road, Edrom, being Lots 16 and 17, DP 1066187 identified as “13” on the Additional Permitted Uses Map.
(2) Development for the purpose of forestry is permitted with development consent.

14 Use of certain land at Sapphire Coast Drive, Merimbula

(1) This clause applies to land at Sapphire Coast Drive, Merimbula, being Lot 441, DP 45826 and Lot 447, DP 720013 identified as “14” on the Additional Permitted Uses Map.
(2) Development for the purpose of dwelling houses is permitted with development consent.

15 Use of certain land at Broadwater, Millingandi, Wonboyn and Wonboyn Lake

(1) This clause applies to land at Broadwater, being Lot 124, DP 44333, Millingandi, being Lots 438 and 440, DP 45800, Wonboyn, being Lot 29, DP 750239 and Wonboyn Lake, being Lot 44, DP 599749 identified as “15” on the Additional Permitted Uses Map.
(2) Development for the purpose of aquaculture is permitted with development consent.

16 Use of certain land at Gowing and Valley Streets, Bega

(1) This clause applies to land at Gowing Avenue, Rawlinson and Valley Streets, Bega, being Lots 40 and 41, DP 826237, Lot 1, DP 999094 and Lot C, DP 975901 identified as “16” on the Additional Permitted Uses Map.
(2) Development for the purpose of seniors housing is permitted with development consent.

17 Use of certain land at Young Street, Bermagui

(1) This clause applies to land at Montague and Young Streets, Bermagui, being Lots 11–15, Section 8, DP 758095 identified as “17” on the Additional Permitted Uses Map.
(2) Development for the purpose of seniors housing is permitted with development consent.

18 Use of certain land at 280–282 Merimbula Drive, Merimbula

(1) This clause applies to land at 280–282 Merimbula Drive, Merimbula, being Lot 3, DP 620570 and Lot 2, DP 594161 identified as “18” on the Additional Permitted Uses Map.
(2) Development for the purposes of rural supplies, timber yards and truck depots is permitted with development consent.

sch 1: Am 2015 (482), cl 5.

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.

Signage

(1) Must not cover mechanical ventilation inlet or outlet vents.
(2) Must not include flashing or moving components.
(3) Must not be erected or displayed on or above public roads and public reserves, unless otherwise permitted in this Schedule.
(4) Under awning signs
(a)  Maximum area—1.5m².
(b)  Must be erected horizontally at least 2.6m from the ground or footpath.
(c)  Must not project beyond awning.
(d)  If erected above a public road, must not extend or project beyond a point 0.6m from the vertical projection of the kerb line.
(5) Fascia signs (attached to the fascia or return of an awning)
(a)  Must not project above or below the fascia or return end of awning.
(b)  Must not extend more than 300mm from the fascia or return end of awning.
(c)  If erected above a public road, must not extend or project beyond a point 0.6m from the vertical projection of the kerb line.
(6) Top hamper signs (attached to the transom of a doorway or display window of a building)
(a)  Must not extend more than 200mm beyond any building alignment.
(b)  Must not extend below head of doorway or window to which it is attached.
(7) Flush wall signs (attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 300mm from the wall)
(a)  Must not exceed 2.5m² for the combined area of all flush wall signs on the premises.
(b)  If projecting over a public road, must be erected horizontally at least 2.6m from the ground or footpath.
(8) Window signs (attached to, or displayed on, a shop window)
(a)  Maximum 1 per shopfront.
(b)  Must be located on ground level.
(c)  At least 50% of front window must remain uncovered.
(9) Projecting wall signs (attached to the wall of a building (other than the transom of a doorway or display window) and projecting horizontally more than 300mm) Must be erected horizontally at least 2.6m from the ground or footpath.
(10) Business identification signs
(a)  If located on land in a residential or rural zone—
(i)  maximum 1 sign per property, and
(ii)  must be situated within the boundaries of the property, and
(iii)  maximum area—2.5m², and
(iv)  must not be illuminated.
(b)  If located on land in a commercial zone—
(i)  maximum 3 signs per premises, and
(ii)  must be located at ground floor level, and
(iii)  must be an under awning sign, fascia sign, top hamper sign, flush wall sign or window sign.
(c)  If located on land in an industrial zone—
(i)  must be situated within the boundaries of the premises, and
(ii)  if located on premises containing a single occupancy, must be either—
(A)  a flush wall sign with an area not more than 20% of the area of the front elevation of the premises, or
(B)  a projecting wall sign with a maximum area of 5m², and
(iii)  if located on premises containing multiple occupancies, must be either a flush wall sign or projecting wall sign with a maximum area of 2.5m² that is attached to the relevant occupancy.
(11) Advertising signage—internal signs
(a)  Must not be visible from outside the premises in which it is displayed.
(b)  If located in premises on land in a business or industrial zone, must be behind the glass line of a window.
(12) Replacement signs (change of message)
(a)  Must be a lawfully erected sign.
(b)  Must not increase area of sign or brightness of illumination.

Single events and ceremonies (other than music concerts, dance parties or entertainment events that are not for the purpose of fundraising)

(1) Must be located in a public reserve, car park, community land, showgrounds, church grounds, Crown land or other appropriate outdoor area.
(2) Must obtain approval under the Local Government Act 1993.

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
Bega	Lot 2, DP 500661, Bega Council office building
Bega	Lot 18, DP 608730, Bega Water Supply Borefield
Bega	Lot 1 DP, 787591, Museum, Bega Street
Bega	Lot 4, DP 594349, Drainage reserve, Fairview Street
Bega	Closed road, Howard Avenue (east of Tathra Road)
Bega	Lots 9–12, Section 1, DP 1085 and Lots 9–12, Section 2, DP 1085, Paddock, Park Street
Bega	Lot 1, DP 391456, Vacant land, Poplar Avenue
Bega	Lot 101, DP 261767, Child care centre, Rawlinson Street
Bega	Lot 100, DP 847067, Sediment pond, Rawlinson Street
Bega	Lot 35, DP 813396, Paddock, Stevenson Street
Bega	Lot 21, DP 854462, Closed road, Valley Street
Bemboka	Lot 5, Section 7, DP 758087, 51–53 Brittania Street
Bemboka	Lot 7, Section 12, DP 758087, Rural Fire Service shed, Kameruka Street
Bermagui	Lot 86, DP 831143, Tillabudgerry Court, Sewage pump station
Brogo	Lot 12, DP 1110585, Upper Brogo water balance tank
Brogo	Lots 30–31, DP 252876, Rural Fire Service shed, Warrigal Range Road
Brogo	Lot 11, DP 735675, Water pump station, Waterloo Creek Road
Cobargo	Lot 6, DP 1134, Toilet, Princes Highway
Cobargo	Lot 19, Section 7, DP 485, Paddock, Tarlinton Street
Eden	Lot 1, DP 1037443, Public building and car park, corner of Imlay Street and Mitchell Street
Eden	Lot 72, DP 601744, Car park
Eden	Lots 19 and 20, Section 25, DP 758379, Eden office car park
Eden	Lot 21, DP 545540, Car park, Chandos Street
Eden	Lot 74, DP 624322, Car park, off Imlay Street
Eden	Lot B, DP 157709, Vacant land, Museum Street
Eden	Lot 143, DP 567009, Road reserve, Victoria Terrace
Merimbula	Lot 112, DP 737303, Alice Street footpath
Merimbula	Lot A, DP 201599, Lot 12, DP 567260, Lot 1, DP 163768 and Lot 2, DP 91361, Vacant land, Market Street
Merimbula	Lot 132, DP 789322 and Lot 4, DP 619325, Footpaths, Market Street
Merimbula	Lot 35, DP 208862, Road, Ocean View Avenue
Merimbula	Lot 949, DP 810986, Car park, Main Street
Pambula	Lot 30, DP 861207, Car park off Merimbola Street
Pambula Beach	Lots 60, 67 and 90, DP 224960, Drainage reserves
Quaama	Lot 10, Section 10, DP 758860, Rural Fire Service shed, Bermagui Street
Rocky Hall	Lot 16, DP 2141, Rural Fire Service shed, Big Jack Mountain Road
Tanja	Lot 20, DP 850494, Tanja Bushfire Brigade
Tura	Lot 124, DP 726770, Sewage treatment plant
Tura	Lot 1897, DP 836125, Water reservoir, Tristania Court
Tura Beach	Lot 158, DP 1140729, Building, Tura Beach Drive
Wolumla	Lot 1, DP 168899, Wolumla Rural Fire shed
Yowrie	Lots 2–4, DP 737035, Road reserve

Part 2 Land classified, or reclassified, as operational land—interests changed

Column 1	Column 2	Column 3
Locality	Description	Any trusts etc not discharged
Eden	Part of Lot 4, DP 1138056, Cattle Bay, identified as “Operational Land” on the Land Reclassification (Part Lots) Map	Nil
Merimbula	Part of Lot 182, DP 1100739, Lake Street, identified as “Operational Land” on the Land Reclassification (Part Lots) Map	Nil
Numbugga	Lot 299, DP 1151525, Fire shed, Snowy Mountains Highway	Nil
Tarraganda	Lot 14, DP 249924, Public reserve, Moore Wrens Road	Nil

Part 3 Land classified, or reclassified, as community land

Column 1	Column 2
Locality	Description
Nil

sch 4: Am 2015 (646), Sch 1 [1]–[3]; 2017 (52), cl 4; 2017 (366), cl 5 (1) (2).

Schedule 5 Environmental heritage

(Clause 5.10)

Part 1 Heritage items

Suburb	Item name	Address	Property description	Significance	Item no
Barraga Bay	Cuttagee House	3579 Tathra-Bermagui Road	Lot 1, DP 390229	Local	I740
Bega	Granite kerb and gutter	Various streets		Local	I624
Bega	Yarranung homestead	47 Angledale Road	Lot 1, DP 1118752	Local	I018
Bega	Yarranung Butter Factory	184 Angledale Road	Lot 2, DP 582308	Local	I099
Bega	“Elmgrove”, Homestead	220 Angledale Road	Lot 1, DP 750197	Local	I083
Bega	Building (former CBC Bank)	19 Auckland Street	Lot 2, DP 782452	State	I023
Bega	Bega Public School (former residence, circa 1892, and 2 classroom buildings, circa 1883 and 1892)	21 Auckland Street	Lot 1, DP 782445	Local	I024
Bega	House (former Victoria Inn)	38–40 Auckland Street	Lot 1, DP 162455	Local	I027
Bega	St John’s Anglican Rectory—church, hall and lych gate	80 Auckland Street	Lots 12, 12A, 12B, Section 34, DP 758076	Local	I005
Bega	Picturesque gothic dwelling	161 Auckland Street	Lot 7, Section 2, DP 54283	Local	I491
Bega	Salvation Army Hall and cottage	170 Auckland Street	Lot 11, DP 1145936	Local	I625
Bega	Cottage	172 Auckland Street	Lot 1, DP 946286	Local	I487
Bega	Cottage	4 Bega Street	Lot 2, DP 527395	Local	I628
Bega	Bungalow	8 Bega Street	Lot 17, Section 2, DP 697	Local	I493
Bega	Weatherboard cottage	10 Bega Street	Lot 18, Section 2, DP 697	Local	I494
Bega	Cottage	14 Bega Street	Lot 1, DP 955989	Local	I496
Bega	Weatherboard cottage	16 Bega Street	Lot 1, DP 1004398	Local	I497
Bega	Weatherboard cottage	18 Bega Street	Lot 3, DP 894	Local	I498
Bega	Weatherboard cottage	20 Bega Street	Lot 2, DP 338248	Local	I499
Bega	Weatherboard cottage	22 Bega Street	Lot 11, DP 851448	Local	I500
Bega	Littleton House	24–30 Bega Street	Lot 10, DP 851448	Local	I026
Bega	Cottage	32 Bega Street	Lot 1, DP 734128	Local	I501
Bega	Cottage	34 Bega Street	Lot 16, DP 939803	Local	I502
Bega	Cottage	36 Bega Street	Lot 21, DP 629375	Local	I503
Bega	Durham House	42 Bega Street	Lot 12, DP 705605	Local	I102
Bega	Federation cottage	44 Bega Street	Lot 44, DP 1104580	Local	I504
Bega	Weatherboard cottage	50 Bega Street	Lot 1, DP 1002593	Local	I505
Bega	Weatherboard cottage	52 Bega Street	Lot 2, DP 997033	Local	I506
Bega	Weatherboard cottage	54 Bega Street	Lot 3, DP 1073403	Local	I507
Bega	Bungalow	79 Bega Street	Lot 3, DP 17498	Local	I509
Bega	Bungalow	81 Bega Street	Lot 2, DP 17498	Local	I510
Bega	Bungalow	83 Bega Street	Lot 1, DP 17498	Local	I511
Bega	Family Museum building (former Family Hotel)	89–91 Bega Street	Lot 1, DP 787591	Local	I028
Bega	Weatherboard dwelling	32 Belmore Street	Lot 1, DP 514405	Local	I512
Bega	Weatherboard dwelling	38 Belmore Street	Lot 14, Section 1, DP 1445	Local	I513
Bega	Weatherboard cottage	46 Belmore Street	Lot 1, DP 930701	Local	I515
Bega	Weatherboard cottage	47 Belmore Street	Lot 4, Section 3, DP 52526	Local	I517
Bega	Cottage	50 Belmore Street	Lot 2, DP 105464	Local	I516
Bega	Weatherboard cottage	52 Belmore Street	Lot 5, DP 530219	Local	I514
Bega	Ambulance station	1–3 Canning Street	Lots E and F, DP 156357	Local	I527
Bega	Cottage	6 Canning Street	Lot 5, DP 998979	Local	I521
Bega	Cottage	9 Canning Street	Lot 1, DP 305163	Local	I530
Bega	Cottage	10 Canning Street	Lot 1, DP 795413	Local	I523
Bega	Cottage, “Weetah”	12 Canning Street	Lot 2, DP 1104408	Local	I524
Bega	Malcolm House	16 Canning Street	Lot 1090, DP 1044073	Local	I526
Bega	Masonic Centre	18 Canning Street	Lot 419, DP 803626	Local	I007
Bega	Bega Band Room	23 Canning Street	Lot 18, DP 1132440	Local	I537
Bega	Cottage	25 Canning Street	Lot 19, DP 1979	Local	I538
Bega	Bega Courthouse	Corner of Carp and Gipps Streets	Lot 146, DP 1168847	Local	I001
Bega	Soldiers Memorial Gates, park and artillery	Carp Street	Lot 701, DP 94051	Local	I017
Bega	Carp Street survey pole	Carp Street (in front of 187 Carp Street)		Local	I663
Bega	Cottage	26 Carp Street	Lot 4, DP 1118160	Local	I472
Bega	Jacaranda House	28 Carp Street	SP 80398	Local	I473
Bega	Brick cottage, “Claremont”	32 Carp Street	Lot 1, DP 711718	Local	I539
Bega	Brick house	34 Carp Street	Lot 2, DP 625611	Local	I540
Bega	Brick residence	36 Carp Street	Lot 1, DP 625611	Local	I632
Bega	Cottage	44–46 Carp Street	Lot 1, DP 194912	Local	I476
Bega	Wellington	49 Carp Street	Lot 3, DP 1118216	Local	I479
Bega	Cottage	52 Carp Street	Lot 1, DP 543259	Local	I477
Bega	Pickled Pear Bed and Breakfast	60 Carp Street	Lot 1, DP 662200	Local	I478
Bega	Shop	99 Carp Street	Lot 5, DP 1031	Local	I481
Bega	Building (Kings Cinema)	104–108 Carp Street	Lots 3 and 4, DP 783412	Local	I106
Bega	Building	110–114 Carp Street	Lot 324, DP 1134855	Local	I088
Bega	Shop	121 Carp Street	Lot 1, DP 119405	Local	I547
Bega	Building (Blomfield Chambers)	127 Carp Street	Lot 1, DP 134697; Lots C and D, DP 321364	Local	I003
Bega	Brick chambers	131 Carp Street	Lot 2, DP 1979	Local	I548
Bega	House (former Westpac residence)	139 Carp Street	Lot 1, DP 134702	Local	I029
Bega	Commercial Hotel	147–151 Carp Street	Lot 2, DP 785324	Local	I004
Bega	Building	153–155 Carp Street	Lot 1, DP 785324	Local	I090
Bega	Building	157 Carp Street	Lot 3, DP 785324	Local	I091
Bega	Building	161 Carp Street	Lot 1, DP 999886	Local	I093
Bega	Rosevear shopfront	165 Carp Street	Lot 1, DP 1056632	Local	I020
Bega	Bently Bros Hairdressers (former)	195 Carp Street	Lots 8, 9 and 10, DP 229551	Local	I562
Bega	Star Newspaper and printing office	203 Carp Street	Lot 2, DP 130357	Local	I563
Bega	Brick-faced shop	205 Carp Street	Lot 1, DP 1076296	Local	I564
Bega	Building	209–211 Carp Street	Lots 2 and 3, DP 229551	Local	I094
Bega	Motor garage (former)	217 Carp Street	SP 76662	Local	I565
Bega	Building	219 Carp Street	Lot 16, DP 519740	Local	I095
Bega	Building	225 Carp Street	Lot 17, DP 519740	Local	I096
Bega	Building	227–239 Carp Street	Lot 13, DP 1043992	Local	I097
Bega	Grand Hotel	236 Carp Street	Lot 2, DP 305721	Local	I019
Bega	Buildings	241–247 Carp Street	SP 78045	Local	I098
Bega	Art Deco shops	26–32 Church Street	Lot 5, DP 248175	Local	I550
Bega	Building (Red Cross Centre)	33 Church Street	Lot 1, DP 1080750	Local	I021
Bega	Building	34 Church Street	Lot 6, DP 248175	Local	I101
Bega	Bank Hotel	42 Church Street	Lot 1, DP 82787	Local	I006
Bega	French’s building	45–47 Church Street	Lot 11, DP 871584	Local	I108
Bega	McNamara Centennial building and shops	53–61 Church Street	Lot 1, DP 850632	Local	I107
Bega	Old Bega Racecourse Grandstand	East Street	Lot 3200, DP 1036584	Local	5063836
Bega	Clock tower	Gipps Street (centre of Gipps Street at intersection with Carp Street)		Local	I008
Bega	Tourist office	Gipps Street	Lot 13, Section 39, DP 758076	Local	I557
Bega	Building	86 Gipps Street	Lot 1, DP 960316	Local	I011
Bega	Central Hotel and associated buildings	90–94 Gipps Street	Lot 146, DP 623646	Local	I105
Bega	Commonwealth Bank (former)	96 Gipps Street	Lot 1, DP 447664	Local	I555
Bega	Fire station	114 Gipps Street	Lot 1, DP 958249	Local	I556
Bega	Presbyterian church (former)	121 Gipps Street	Lot 26, DP 850444	Local	I558
Bega	Bega Uniting Church	125 Gipps Street	Lot 1, DP 121210	Local	I025
Bega	St Patrick’s Church and presbytery	130 Gipps Street	Lots 1–3, DP 126111; Lots 1 and 2, Section 3, DP 52526; Lot 1, DP 909278; Lot 3, DP 664662; Lot 1, DP 909278	Local	I010
Bega	Dwelling	137 Gipps Street	Lot 8, DP 1129993	Local	I560
Bega	House (former rectory)	26 Glebe Avenue	Lot 61, DP 516828	Local	I022
Bega	Rockleigh, homestead and garden	Hergenhans Lane	Lot 1, DP 333020	Local	I086
Bega	Cottage	7 Little Church Street	Lot 1, DP 950796	Local	I664
Bega	Cottage	150 Newtown Road	Lot 2, Section 2, DP 1445	Local	I571
Bega	Police Barracks (former)	156 Newtown Road	Lot 321, DP 834102	Local	I572
Bega	Bismark House	187–189 Newtown Road	Lot 2, DP 1083308	Local	I578
Bega	Slab and batten cottage	198 Newtown Road	Lot 3, DP 20413	Local	I573
Bega	Weatherboard cottage	210 Newtown Road	Lot 1, DP 197245	Local	I574
Bega	Dick Rixon’s house	221 Newtown Road	Lots 1 and 2, DP 195964	Local	I580
Bega	Victorian Georgian style residence, “Cranbrook”	225 Newtown Road	Lot 1, DP 1104768	Local	I581
Bega	Weatherboard cottage—blue walls	255 Newtown Road	Lot 1, DP 1013511	Local	I582
Bega	Federation dwelling, “Narroon”	257 Newtown Road	Lot 1, DP 999351	Local	I583
Bega	Brick residence and garden setting	264 Newtown Road	Lot 11, DP 601044	Local	I577
Bega	Homestead, “Ottonville”	35 Ottonville Road	Lot 12, DP 801656	Local	I084
Bega	Cottage	52 Parker Street	Lot 1, DP 417220	Local	I589
Bega	Lawson House	53 Parker Street	Lot 1, DP 571741	Local	I012
Bega	Morella House	55 Parker Street	Lot 2, DP 571741	Local	I013
Bega	Brick dwelling	61 Parker Street	Lot 6, Section 2, DP 993	Local	I592
Bega	Parkview	65 Parker Street	Lot 6, Section 1, DP 993	Local	I593
Bega	Weatherboard and lattice dwelling	71A Parker Street	Lot 1, DP 399576	Local	I594
Bega	St Joseph’s Convent	83 Parker Street	Lot 130, DP 1055351	Local	I595
Bega	Cottage	92 Parker Street	Lot 1, DP 509151	Local	I590
Bega	Federation residence	3 Parrabel Street	Lot 1, DP 798593	Local	I584
Bega	Street trees	Peden Street (both sides)		Local	I662
Bega	Brick bungalow	15 Peden Street	Lot 7, Section 4, DP 54283	Local	I596
Bega	House and garden	21–23 Peden Street	Lot 6, DP 603922	Local	I082
Bega	House	25 Peden Street	Lot 3, DP 931057	Local	I598
Bega	Cottage	31 Peden Street	Lot 2, DP 308576	Local	I599
Bega	Bega Cemetery	Princes Highway	Lot 7023, DP 1054927	Local	I657
Bega	Old Bega Hospital (main building and outbuildings)	277 Princes Highway	Lot 296, DP 728021	Local	I009
Bega	Jellat Jellat Homestead (garden and outbuildings)	Tathra Road	Lot 1, DP 136753	Local	I014
Bega	Orana House	34 Tathra Road	Lot 1, DP 708174	Local	I015
Bega	Warragaburra Homestead	1364 Tathra Road	Lot 1, DP 742074	Local	I002
Bega	House	2A Union Street	Lot 3, Section 2, DP 66	Local	I601
Bega	Brick house	22 Union Street	Lot 2, DP 517258	Local	I602
Bega	Parkview House	26 Union Street	Lot A, DP 341317	Local	I103
Bega	Bega showground pavilion	Upper Street	Lot 1, Section 49, DP 758076; Lot 1, DP 667563,	Local	I016
Bega	Boer War Memorial and Bega Park	Upper Street	Lot 2, Section 49, DP 758076	Local	I087
Bega	Memorial Garden Bega High School	Upper Street	Part Lot 11, Section 46, DP 758076	Local	I644
Bega	Gates and pillars for gas works	27 Upper Street	Lot 1, DP 1136876	Local	I610
Bega	House	39 Upper Street	Lot 1, DP 400042	Local	I611
Bega	House	41 Upper Street	Lot 1, DP 949106	Local	I612
Bega	Bungalow and palm tree	47 Upper Street	Lot 3, DP 1114503	Local	I613
Bega	House, “Kookaburra”	58 Upper Street	Lot 7, DP 668234	Local	I605
Bega	Cottage	93 Upper Street	Lot 1, DP 948040	Local	I614
Bega	Cottage	95 Upper Street	Lot 9, DP 603596	Local	I615
Bega	Cottage	99 Upper Street	Lot 1, DP 1092885	Local	I617
Bega	Cottage	101 Upper Street	Lot 2, DP 105671	Local	I618
Bega	Cottage	108 Upper Street	Lot 1, DP 891	Local	I606
Bega	Cottage	113 Upper Street	Lot 6, Section 3, DP 357	Local	I621
Bega	Cottage	124 Upper Street	Lot C, DP 395241	Local	I608
Bega	Cottage	126 Upper Street	Lot B, DP 395241	Local	I609
Bemboka	Christ Church Anglican church	51–57 Bemboka Street	Lots 4 and 5, Section 2, DP 758087	Local	I112
Bemboka	Bemboka Primary School—classrooms/ administration building (circa 1933) and residence (circa 1915)	35–45 Kameruka Street	Lot 186, DP 729701	Local	I117
Bemboka	Police station building	35–39 Loftus Street	Lots 6–8, Section 13, DP 758087	Local	I120
Bemboka	Former police station	46–48 Loftus Street	Lot 6, Section 8, DP 758087	Local	I111
Bemboka	Worland’s Boarding House	58 Loftus Street	Part Lot 8, Section 7, DP 758087	Local	I114
Bemboka	Cottage	61 Loftus Street	Lot 2, DP 736817	Local	I701
Bemboka	Lyttleton	62 Loftus Street	Lot B, DP 367518	Local	I702
Bemboka	Alcock & Sons Butchers (former)	63 Loftus Street	Lot 1, DP 736817	Local	I699
Bemboka	Weatherboard worker’s cottage	64 Loftus Street	Lot A, DP 367518	Local	I700
Bemboka	Post office	68 Loftus Street	Lot 62, DP 229077	Local	I697
Bemboka	Former shop	69 Loftus Street	Lot 1, Section 12, DP 758087	Local	I703
Bemboka	Hardware store	70–72 Loftus Street	Lots 10 and 11, Section 6, DP 758087	Local	I115
Bemboka	Hobb’s Store (1889), cottage (circa 1890) and storage shed	71–73 Loftus Street	Lot 5, Section 11, DP 758087; Lot 14, DP 805581	Local	I113
Bemboka	Natural Energy Centre	76–78 Loftus Street	Lots 7 and 8, Section 6, DP 758087	Local	I777
Bemboka	Cafe—formerly Miss Foster’s	79–81 Loftus	Lot 13, DP 805581	Local	I114
Bemboka	Bemboka War Memorial	91 Loftus Street		Local	I110
Bemboka	St Columba’s Catholic Church	121 Loftus Street	Lots 6, 11 and 12, Section 12, DP 94; Lot 32, DP 575103	Local	I116
Bemboka	Kenya Homestead	134 Loftus Street	Lot 1, Section 1, DP 943	Local	I119
Bemboka	Brown Mountain Power Station	Rutherford Creek (Brown Mountain)	Lot 1, DP 746820	Local	I030
Bemboka	Bemboka Butter Factory (former)	2712 Snowy Mountains Highway	Lot 4, DP 605881	Local	I118
Bemboka	Farmhill homestead, “Clydebank”	3120 Snowy Mountains Highway	Lot 137, DP 1125126	Local	I109
Bermagui	“Kenilworth”	22 George Street	Lot 672, DP 805496	Local	I121
Bermagui	Bermagui War Memorial	Lamont Street	Lot 7059, DP 1056341	Local	I130
Bermagui	Bermagui Wharf remains	Lamont Street	Lot 7307, DP 1128710	Local	I706
Bermagui	Sorrento Lodge	2–6 Lamont Street	Lot 10, Section 8, DP 758095; Lot 2, DP 335304	Local	I125
Bermagui	Horseshoe Bay Hotel	10 Lamont Street	Lots 7 and 8, Section 8, DP 758095	Local	I131
Bermagui	Blue Pool	Scenic Drive	Lot 7022, DP 1055107	Local	I124
Bermagui	Bermagui Cemetery	Tathra-Bermagui Road	Lot 7044, DP 1020269	Local	I658
Bermagui	Police residence	4 Wallaga Street	Lot 5, DP 1102635	Local	I128
Bermagui	All Saints Anglican Church	11 Wallaga Street	Lot 10, Section 9, DP 758095	Local	I127
Bermagui	Shop	3 Wallaga Lake Road	Lot 80, DP 608101	Local	I129
Bermagui	School building (circa 1903) and tree (pinus species)	6 Wallaga Lake Road	Lots 1 and 3, Section 1, DP 758094	Local	I778
Bermagui	Union Church	5 West Street	Lot 3, Section 5, DP 758095	Local	I123
Boydtown	Seahorse Inn, Boydtown’s church and grave sites, salting down house/store site, boiling down works	87 Boydtown Park Road	Lot 2, DP 259742; Lot 44, DP 716162; Lot 13, DP 716162	Local	I031
Brogo	Bridge House and associated buildings	29 Blanchards Road	Lot 1, DP 1097022	Local	I038
Burragate	Cottage	8 Perico Street	Lot 5, Section 12, DP 758197	Local	I668
Candelo	Rosemount, former catholic convent	34 Auckland Street	Lot 9, DP 116613	Local	I141
Candelo	Cottage	39 Auckland Street	Lot B, DP 331287	Local	I692
Candelo	Cottage	3 Candelo Street	Lot 5, Section 2, DP 758219	Local	I694
Candelo	Candelo showground pavilion	Candelo-Bega Road	Lot 177, DP 750201	Local	I139
Candelo	War Memorial	Dr William Loftus Park	Lot 311, DP 750201	Local	I134
Candelo	St Joseph’s Catholic Church and Catholic School	11 and 16–18 Kameruka Street	Lots 1 and 2, Section 16, DP 758219; Lot 72, DP 586598; Lot 10, DP 1166138	Local	I140
Candelo	Old hospital	31 Kameruka Street	Lot 3, DP 748550	Local	I691
Candelo	Cottage	32 Kameruka Street	Lot 2, Section 10, DP 758219	Local	I693
Candelo	Cottage	21 Panbula Street	Lot 1, DP 913223	Local	I688
Candelo	Cottage	23 Panbula Street	Lot B, DP 380892	Local	I685
Candelo	Cottage	32 Panbula Street	Lot 3, DP 1000	Local	I770
Candelo	Cottage	4 Queen Street	Lot A, DP 305619	Local	I687
Candelo	Morrows Motor Garage/corner store	7 Sharpe Street	Lot 221, DP 1076430	Local	I153
Candelo	Candelo Hotel	9–11 Sharpe Street	Lots 11 and 12, Section 4, DP 758219	Local	I152
Candelo	Inter-war building	15 Sharpe Street	Lot 1, DP 909978	Local	I696
Candelo	Buildings (former commercial bank and blacksmiths shop)	23 Sharpe Street	Lot 71, DP 1102643	Local	I150
Candelo	Buildings (former T Thomas stores)	25 Sharpe Street	Lot 14, Section 6, DP 758219	Local	I149
Candelo	Building	27 Sharpe Street	Lot 13, DP 667664	Local	I133
Candelo	St Peter’s Anglican Church	3–7 William Street	Lots 1–3, Section 42, DP 758219	Local	I142
Candelo	The Barton’s	28 William Street	Lot 2, Section 14, DP 758219	Local	I690
Candelo	Cottage (former CBC Bank)	36 William Street	Lot 2, DP 910721	Local	I143
Candelo	Candelo School of Arts	38 William Street	Lot 1, Section 13, DP 758219	Local	I146
Candelo	Candelo Service Station	40 William Street	Lot 2, Section 13, DP 758219	Local	I686
Candelo	Building (former Queens Hotel)	46 William Street	Lot 7, DP 522817	Local	I144
Candelo	General store	48 William Street	Lot 5, Section 13, DP 758219	Local	I147
Candelo	Post office	52–54 William Street	Lot 1, DP 1000	Local	I148
Candelo	Police station	58 William Street	Lot 1, Section 31, DP 758219	Local	I689
Cobargo	Residence	3 Avernus Street	Lot 8, Section 26, DP 2591	Local	I173
Cobargo	Residence (Dippity Dip)	73 Avernus Street	Lots 5 and 6, Section 11, DP 2591	Local	I202
Cobargo	Cottage	3 Bega Street	Lot 3, Section 1, DP 1460	Local	I649
Cobargo	Building	2–6 Bermagui Road	Lot 16, DP 665637	Local	I039
Cobargo	CWA	5 Bermagui Road	Lot 11, DP 519003	Local	I728
Cobargo	Building (Shekina Gallery)	7 Bermagui Road	Lot 121, DP 627263	Local	I162
Cobargo	Building (Ex AJS Bank)	8 Bermagui Road	Lot 1, DP 1169111	Local	I166
Cobargo	Building (Telefix)	9 Bermagui Road	Lot 122, DP 627263	Local	I163
Cobargo	School of arts	18 Bermagui Road	Lots 1, 2, 23 and 24, Section 7, DP 485	Local	I158
Cobargo	Cottage	19 Bermagui Road	Lot 7, Section 5, DP 485	Local	I722
Cobargo	Police residence	24–26 Bermagui Road	Lots 4 and 5, Section 7, DP 485	Local	I733
Cobargo	Cottage	35 Bermagui Road	Lot 2, Section 3, DP 485	Local	I709
Cobargo	Cottage	39 Bermagui Road	Lot 1, Section 9, DP 2591	Local	I710
Cobargo	Cottage	46 Bermagui Road	Lot 3, Section 2, DP 485	Local	I711
Cobargo	Bungalo	8 Cobargo Street	Lot 22, Section 7, DP 485	Local	I715
Cobargo	Cobargo Butter Factory and Co-op	1464 Cobargo- Bermagui Road	Lot 5, DP 926970; Lot 1, DP 921189	Local	I205
Cobargo	Christ Church	5–11 Hoyer Street	Lots 6–9, Section 19, DP 2591	Local	I211
Cobargo	Residence	15 Hoyer Street	Lots 2 and 3, Section 20, DP 2591	Local	I172
Cobargo	Building	19 Hoyer Street	Lot 454, DP 835384	Local	I712
Cobargo	Residence	30 Hoyer Street	Lot 10, Section 17, DP 2591	Local	I174
Cobargo	Residence	32 Hoyer Street	Lot 11, Section 17, DP 2591	Local	I175
Cobargo	Cobargo Cemetery	Princes Highway	Lots 158, 159 and 161, DP 752154	Local	I779
Cobargo	Hotel	Princes Highway	Lot 1, DP 1027919	Local	I730
Cobargo	Residence	31 Princes Highway	Lot 3, Section 18, DP 2591	Local	I171
Cobargo	Cottage	32–34 Princes Highway	Lot 1, DP 900120	Local	I718
Cobargo	Cottage	37 Princes Highway	Lot 1, Section 1, DP 485	Local	I714
Cobargo	Cottage	42 Princes Highway	Lot 11, Section C, DP 623	Local	I716
Cobargo	RSL Hall and Cobargo Soldiers Memorial	43–45 Princes Highway	Lots 1 and 2, Section 6, DP 485	Local	I165
Cobargo	Cobargo Service Station	53 Princes Highway	Lot 6, Section 6, DP 485	Local	I154
Cobargo	Gosch House	55 Princes Highway	Lots 7 and 15, Section 6, DP 485	Local	I161
Cobargo	Cobargo Post Office	57 Princes Highway	Lot 81, DP 860010	Local	I206
Cobargo	Cobargo Newsagency	58–60 Princes Highway	Lots 8 and 9, DP 1134	Local	I159
Cobargo	The Grain Store	59 Princes Highway	Lot 1, DP 306281	Local	I164
Cobargo	Cobargo Pharmacy	62 Princes Highway	Lot 7, DP 1134	Local	I155
Cobargo	The Benny Buildings	74 Princes Highway	Lot 8, DP 1005702	Local	I157
Cobargo	The Gables	22–24 Tarlinton Street	Lot 1, DP 807669	Local	I176
Cobargo	House (former Roman Catholic school)	Wandella Road	Lot 3, DP 622515,	Local	I209
Cobargo	Roman Catholic church	Wandella Road	Lot 1, DP 537792	Local	I167
Cobargo	Roman Catholic convent	Wandella Road	Lot 4, DP 622515	Local	I168
Cobargo	Residence	4 Wandella Road	Lot 1, Section B, DP 623	Local	I203
Cobargo	Cobargo Public School—classrooms (circa 1898 and 1930)	20–40 Wandella Road	Lot 1, DP 541840; Lot 71, DP 752154; Lot 1, DP 122995	Local	I210
Cuttagee	Cuttagee Bridge	Tathra-Bermagui Road		Local	I655
Eden	Eden Cemetery	Aslings Beach Road	Lot 7028, DP 1071941; Lots 1 and 2, DP 134746	Local	I766
Eden	Aslings Beach Rock Pool (formerly Eden Memorial Swimming Pool)	Corner of Bass Street and Hosies Road	Part of Lot 22, DP 750205; Crown reserve R580070	Local	5063837
Eden	Hopetoun House	3–5 Bass Street	Lot A, DP 163156; Lot D, DP 164277	Local	I216
Eden	Eden Log Cabin Library	38 Bass Street	Lot 4, DP 225627	Local	I040
Eden	Mary McKillop Hall (former Star of The Sea Church)	86–90 Calle Calle Street	Lots 1–3, Section 45, DP 758379	Local	I218
Eden	St John’s Anglican Church	98 Calle Calle Street	Lot 4, DP 740471	Local	I217
Eden	Cottage	10 Chandos Street	Lot 20, DP 794186	Local	I758
Eden	St Georges Uniting Church	16B–18 Chandos Street	Lot 92, DP 709087	Local	I215
Eden	House (former courthouse)	2 Cocora Street	Lot 15, Section 1, DP 758379	Local	I043
Eden	Cottage	12 Flinders Street	Lot 5, DP 569206	Local	I754
Eden	Eden Public School—school building (circa 1857)	124 Imlay Street	Lot 5, Section 22, DP 758379	Local	I616
Eden	Hotel Australasia	142–144 Imlay Street	Lot 14, DP 250841	Local	5063838
Eden	Shop with art deco parapet	146 Imlay Street	Lot 16, DP 250841	Local	I760
Eden	Eden Post Office (former)	155–157 Imlay Street	Lots 41 and 42, DP 1040259	Local	I214
Eden	The Great Southern Inn	156–158 Imlay Street	Lot 1, DP 743230	Local	I051
Eden	Matt Howard’s store	178 Imlay Street	Lot 122, DP 1027835	Local	I041
Eden	Eden Killer Whale Museum	182 Imlay Street	Lot 1, Section 6, DP 758379; Lot 1, DP 48609	Local	I762
Eden	Former Bank of NSW	213 Imlay Street	Lot B, DP 412563	Local	I213
Eden	Anchor	221 Imlay Street	Lot 5, Section 2, DP 758379	Local	I212
Eden	Eden police station building	229 Imlay Street	Lot 22, DP 602200	Local	I042
Eden	Eden Courthouse	231 Imlay Street	Lot 8, Section 1, DP 758379	Local	I044
Eden	House	233 Imlay Street	Lot 7, DP 553117	Local	I045
Eden	Building	237 Imlay Street	Lot 11, DP 845340	Local	I046
Eden	The Crown and Anchor Inn	239 Imlay Street	Lot 1, DP 1033082	Local	I047
Eden	Georgian building and shop	243 Imlay Street	Lot 1, DP 731580	Local	1100051
Eden	Cottage	2 Mitchell Street	Lot 21, DP 385394	Local	I755
Eden	Victorian cottage	7 Mitchell Street	Lot 2, DP 21273	Local	I764
Eden	Cottage	46 Mitchell Street	Lot 21, DP 304961	Local	I751
Eden	Dar El and trees in garden	50 Mitchell Street	Lots 5 and 6, Section 19, DP 758379	Local	I767
Eden	Council offices	114–116 Mitchell Street	Lot 1, DP 1037443	Local	I753
Eden	Thompsons Point Baths	Weecoon Street	Part of Lot 2, DP 747363	Local	1100813
Edrom	Bittangabee ruins	Bittangabee Bay, Ben Boyd National Park	Lot 25, DP 750239	Local	I050
Edrom	Davidson’s Whaling Station and associated buildings	Boyd Road	Lot 41, DP 750213; Lot 61, DP 750213	State	I049
Edrom	Edrom Lodge and associated buildings	Off Edrom Road	Lot 15, DP 1066187	Local	I037
Edrom	Boyd’s Tower	Off Edrom Road	Lot 1, DP 75571	Local	I033
Frogs Hollow	Ayrdale Dairy Village	297 Wanatta Lane	Lot 36, DP 787823	Local	I187
Greencape	Greencape Lighthouse and residences group	Ben Boyd National Park	Lot 2, DP 811812; Lot 2, DP 847755	Local	I053
Griegs Flat	Pambula Goldfield	4 kilometres south-southwest of Pambula in Ben Boyd National Park		Local	I228
Griegs Flat	Farm cottage with red roof	Princes Highway	Lot 711, DP 1128593	Local	I670
Griegs Flat	Yowaka Bridge	Princes Highway		State	I052
Kalaru	Brickworks		Lot 3, DP 1174727	Local	I746
Kameruka	Holy Trinity Church and cemetery	Candelo-Bega Road	Lot 2, DP 979162; Lot 140, DP 1064610	Local	I137
Kameruka	Kameruka Group including store, hall, gate lodge, tower clock, homestead and out buildings	Kameruka Road	Lot 141, DP 1064610	Local	I138
Lochiel	Building, “Fenton”	67 Blairlands Road	Lot 8, DP 263044	Local	I072
Lochiel	Cobandrah Farm	300 Mt Darragh Road	Lot 18, DP 32269	Local	I252
Merimbula	Mitchie’s wharf and shed	Fishpen		Local	I055
Merimbula	Fishermen’s lookout	Lake Street		Local	I653
Merimbula	Residence	2 Main Street	Lot 51, DP 16678	Local	I222
Merimbula	Residence	45 Main Street	Lots 42 and 43, DP 37534	Local	I223
Merimbula	Old School Museum	85–87 Main Street	Lots 670 and 671, DP 1048136	Local	I054
Merimbula	Twyford Hall	16 Market Street	Lot 511, DP 818052	Local	I221
Merimbula	Trolley way, Mirador tramway, Pages Creek dam	off Mirador Drive	Lot 1087, DP 1240676	Local	I734
Merimbula	“Courunga”, house and grounds	20 Monaro Street	SP 21721	State	I057
Merimbula	Merimbula wharf and cargo sheds	Wharf Street on Long Point	Lot 475, DP 728039	Local	I055
Millingandi	“Greenpoint” house and sheds	71 Greenpoint Road	Lot 281, DP 1048627	Local	I056
Mogareeka	Tathra survey marker (carved tree trunk on side of road)	411 Tathra-Bermagui Road	Lot 1, DP 614313	Local	I666
Murrah	Murrah River Bridge	Tathra-Bermagui Road		Local	I656
Murrah	Murrah Hall	Tathra-Bermagui Road	Lot 85, DP 752153	Local	I225
Nethercote	Nethercote Hall	Nethercote Road	Lot 4, DP 821408	Local	I226
New Buildings	New Buildings Bridge	New Buildings Road		State	I260
Nungatta	Nungatta Station grave site	1551 Nungatta Road	Lot 1, DP 1158027	Local	I261
Pambula	Catholic presbytery (former)	14 Bega Street	Lot 11, DP 1114693	Local	I069
Pambula	Single storey building	5 Bullara Street	Lot 232, DP 787642	Local	I230
Pambula	Stone cottage	6 Bullara Street	Lots 521, DP 1002299	Local	I065
Pambula	Woodlands house	8 Bullara Street	Lot 51, DP 591734	Local	I231
Pambula	Cottage	4 Ives Street	Lot 41, DP 1020000	Local	I783
Pambula	Cottage	1 Little Gahan Street	Lot 8, DP 938348	Local	I250
Pambula	Weatherboard cottage	3 Little Gahan Street	Lot 7, DP 938348	Local	I748
Pambula	Pambula town wells	Merimbola Street	Lot 4, DP 1077645	Local	I073
Pambula	Weatherboard cottage	15 Merimbola Street	Lot 7, DP 770635	Local	I749
Pambula	Cottage	11 Monaro Street	Lot 18, Section 16, DP 758825	Local	I247
Pambula	St Peter’s Roman Catholic Church	12 Monaro Street	DP 758825; Lot 20, Section 15, DP 758825	Local	I067
Pambula	Teacher cottage	19 Monaro Street	Lot 15, Section 11, DP 758825	Local	I066
Pambula	Baddeley’s Cottage	26 Monaro Street	Lot 5, Section 12, DP 758825	Local	I674
Pambula	Pambula Cemetery	Munje Street	Lot 701, DP 1032143	Local	I659
Pambula	Racecourse, grandstand, show pavilion and associated buildings	Munje Street	Lot 1, DP 1064736; Lot 7010, DP 1020049	Local	I227
Pambula	Memorial Casuarina tree planting	Princes Highway (Pambula River Flats)		Local	I782
Pambula	Old Pambula Cemetery	Princes Highway	Lot 225, DP 750227	Local	I059
Pambula	Building (McPhersons Drapery)	33 Princes Highway	Lot 31, DP 861207	Local	I235
Pambula	“Oaklands”, associated outbuildings and grounds	3546 Princes Highway	Lot 382, DP 1027113	State	I074
Pambula	Cottage	11 Quondolo Street	Lots 1 and 2, DP 999772	Local	I238
Pambula	Pambula School of Arts	13 Quondolo Street	Part Lot 19, Section 40, DP 758825	Local	I244
Pambula	Weatherboard house	15 Quondolo Street	Lot 20, DP 1117048	Local	I780
Pambula	Timber cottage	16 Quondolo Street	Lot 51, DP 777274	Local	I229
Pambula	The Commercial Hotel	18 Quondolo Street	Lot 11, Section 11, DP 758825	Local	I062
Pambula	Pambula Butchery	21 Quondolo Street	Lot 13, DP 777556	Local	I673
Pambula	Building	22 Quondolo Street	Lot 9, DP 69009	Local	I245
Pambula	Pambula War Memorial	In front of 22 Quondolo Street		Local	I781
Pambula	“The Retreat”, building	26–30 Quondolo Street	Lot 567, DP 629965	Local	I061
Pambula	Goddard’s Motors	29 Quondolo Street	Lot 1, DP 794988	Local	I672
Pambula	Pambula Milk Bar	31 Quondolo Street	Lot 2, DP 995491	Local	I671
Pambula	Christ Church Anglican church	32 Quondolo Street	Lot 1, DP 237308	Local	I234
Pambula	Cottage	30 Toallo Street	Lot 1, DP 986277	Local	I240
Pambula	Masonic temple	40 Toallo Street	Lot 14, Section 11, DP 758825	Local	I064
Pambula	Courthouse and police station	42 Toallo Street	Lot 7, Section 12, DP 758825	Local	I060
Pambula	Cottage	47 Toallo Street	Lot 211, DP 1081006	Local	I248
Pambula	Cottage	49 Toallo Street	Lots 1 and 2, DP 780517	Local	I242
Pambula	Cottage	51 Toallo Street	Part Lot 2, DP 785477	Local	I241
Pambula	Building (Toad Hall)	55 Toallo Street	Lot 22, DP 1160465	Local	I068
Pambula	Cottage	65 Toallo Street	Lot 212, DP 1014709	Local	I251
Pambula	Weatherboard cottage	67 Toallo Street	Lot 211, DP 1014709	Local	I675
Quaama	Quaama store	2–6 Bega Street	Lots 12 and 13, Section 3, DP 758860	Local	I254
Quaama	Quaama School of Arts	2 Cobargo Street	Lot 1, Section 3, DP 758860	Local	I075
Quaama	Weatherboard cottage	32 Cobargo Street	Lot 4, Section 4, DP 758860	Local	I708
Quaama	Quaama Primary School (former residence, circa 1889, and classrooms, circa 1885)	48 Cobargo Street	Lot 173, DP 821625	Local	I253
Quaama	Quaama Cemetery	Orient Street	Lots 7012 and 7013, DP 1055119; Lot 7008, DP 1055121	Local	I660
Rocky Hall	Old Rocky Hall School	1325 Big Jack Mountain Road	Lot 42, DP 750204	Local	I259
Rocky Hall	Slab house	1464 Big Jack Mountain Road	Lot 42, DP 750243	Local	I667
Rocky Hall	Hall	1474 Big Jack Mountain Road	Lots 17 and 18, DP 2141	Local	I258
South Pambula	Building (former Roan Horse Inn)	2–4 Mount Darragh Road	Lot 11, DP 843957	Local	I070
South Pambula	Cottage and building (former Pambula Co-operative Creamery Dairy Co Ltd)	256 Mount Darragh Road	Lot 1, DP 797291	Local	I243
South Pambula	The Grange building	Northview Drive	Lot 2, DP 705648	Local	I071
South Wolumla	Glenall Homestead	South Wolumla Road	Lot 921, DP 1068957	Local	I136
South Wolumla	South Wolumla Butter Factory complex	South Wolumla Road	Lot 1, DP 1036239	Local	I189
Tanja	Tanja Community Hall	Barrabooka Road	Lot 1, DP 951780	Local	I178
Tanja	Tanja Public School (former residence, circa 1885, and classroom, circa 1925)	7 Tathra-Bermagui Road	Lot 202, DP 752158	Local	I177
Tarraganda	Daisybank homestead and associated outbuildings	210 Reedy Swamp Road	Lot 48, DP 1127587	Local	I076
Tarraganda	Eastwood Homestead	507 Tarraganda Road via Bega	Lot 5, DP 700458	Local	I179
Tarraganda	Tarraganda Homestead	48 Wren-Moore Road	Lot 1, DP 1059299	Local	I077
Tathra	Tathra War Memorial	Bega Street	Road reserve	Local	I654
Tathra	Tathra Hotel	8–12 Bega Street	Lot 30, DP 606559	Local	I182
Tathra	Harbour Master’s Restaurant	15–17 Bega Street	Lot 11, DP 593290	Local	I183
Tathra	Roman Catholic church	19 Bega Street	Lot 12, DP 1110126	Local	I078
Tathra	The Haven	25 Bega Street	Lot 1, DP 384456	Local	I743
Tathra	Tathra Lodge	27 Bega Street	Lot 14, DP 397677	Local	I744
Tathra	Tathra Grocery Store	32 Bega Street	Lot 3, DP 17280	Local	I181
Tathra	Victorian weatherboard cottage	52 Bega Street	Lot 1, DP 414459	Local	I745
Tathra	Brick dwelling	56 Bega Street	Lot 10, Section 13, DP 758955	Local	I742
Tathra	Brick federation house	58 Bega Street	Lot 1, Section 22, DP 758955	Local	I741
Tathra	Tathra bunker	Wharf Road	Lot 7012, DP 1071331	Local	I669
Tathra	Tathra wharf and building	Wharf Road	Lot 241, DP 750236	State	I079
Toothdale	Collinswood Homestead	1339 Candelo- Wolumla Road	Lot 200, DP 750201	Local	I132
Towamba	Cottage	6 Manning Street	Lot 3, Section 6, DP 758992	Local	I669
Towamba	House and associated buildings	165 Pericoe Road	Lot 178, DP 261496	Local	I186
Towamba	Towamba Bridge	Towamba Road		Local	I784
Towamba	Old Towamba General Store	2474 Towamba Road	Lot 1, DP 797890	Local	I185
Towamba	St Pauls Community Church	4 Towamba Street	Lot 2, Section 6, DP 758992	Local	I080
Towamba	Towamba Public School (former residence, circa 1885, and administration building, circa 1890)	7–9 Towamba Street	Lot 1, Section 5, DP 758992	Local	I184
Wallaga Lake	Merrimans Island	Wallaga Lake		Local	I670
Wallaga Lake	Montreal Goldfields	Wallaga Lake Road	Lot 243, DP 752130	Local	I665
Wallaga Lake	Wallaga Lake Bridge	Wallaga Lake Road		Local	I126
Wapengo	Ness property	343 Wapengo Lake Road	Lots 17–19, 51 and 52, DP 752165; Lot 2, DP 536123	State	I081
Whipstick	Whipstick Molybdenum Mine	Mt Darragh Road (Nullica/Gnupa State Forest)		Local	I668
Wolumla	Former police station	4 Bega Street	Lots 251, DP 750238	Local	I191
Wolumla	Wolumla Anglican Church	15–19 Bega Street	Lot 71, DP 598519	Local	I190
Wolumla	Cottage on rise	22 Mine Street	Lot 67, DP 750238	Local	I683
Wolumla	Roman Catholic church	1–5 Scott Street	Lot 3, DP 1270	Local	I192
Wolumla	Dwelling	14 Scott Street	Lot 12, Section 2, DP 3808	Local	I774
Wolumla	Weatherboard cottage	15 Scott Street	Lot 1, DP 1120352	Local	I773
Wolumla	Former post office	28 Scott Street	Lot 5, Section 2, DP 3808	Local	I776
Wolumla	Dwelling	30 Scott Street	Lots 3 and 4, Section 2, DP 3808	Local	I775
Wolumla	Dwelling	34 Scott Street	Lot 2, Section 2, DP 3808	Local	I785
Wolumla	Wolumla Community Hall	36 Scott Street	Lot 1, Section 2, DP 3808	Local	I681
Wolumla	Craft shop	41 Scott Street	Lot 6, Section 1, DP 20265	Local	I679
Wolumla	Dwelling	45–47 Scott Street	Lot 13, DP 264085	Local	I678
Wolumla	Weatherboard cottage	75 Scott Street	Lot 6, DP 3833	Local	I682
Wolumla	South Wolumla Butter Factory complex	South Wolumla Road	Lot 1, DP 385392; Lot 152, DP 625455	Local	I189
Wyndham	Holy Trinity Anglican Church	22 Clarke Street	Lot 12, Section 29, DP 759125	Local	I195
Wyndham	School of Arts hall	26 Clarke Street	Lot 10, Section 29, DP 759125	Local	I193
Wyndham	Wyndham Police Station (former)	10 Gordon Street	Lot 1, DP 40010	Local	I664
Wyndham	Cottage	18 Gordon Street	Lot 7, Section 29, DP 759125	Local	I666
Wyndham	Wyndham War Memorial	Monaro Street	Lot 6, Section 29, DP 759125	Local	I196
Wyndham	Robbie Burns Hotel	22 Monaro Street	Lot 22, DP 810052	Local	I197
Wyndham	Wyndham Public School (library and former residence, circa 1892)	31 Monaro Street	Lots 14, 15, 16 and 17, Section 40, DP 759125	Local	I771
Wyndham	Weatherboard dwelling	53 Monaro Street	Lot 16, Section 41, DP 759125	Local	I665
Wyndham	Pretty Point Bridge	New Buildings Road		Local	I058
Wyndham	Residence, “Greenmount”	7 New Buildings Road	Lot 7, DP 717419	Local	I201
Wyndham	Residence, “Scots Hut”	207 New Buildings Road	Lot 1001, DP 710457	Local	I200
Wyndham	St Joseph’s Roman Catholic Church	11 Norwood Street	Lot 15, Section 29, DP 759125	Local	I194
Wyndham	Wyndham Cemetery	Oak Street	Lots 1 and 2, DP 1124877; Lots 1 and 2, DP 1125129; Lot 7011, DP 1054919	Local	I661
Wyndham	Residence	7 Oak Street	Lot 110, DP 877495	Local	I198

Part 2 Heritage conservation areas

Description	Identification on Heritage Map	Significance
Bega Commercial Conservation Area	Shown by red hatching and labelled “C680”	Local
Bega Street Conservation Area	Shown by red hatching and labelled “C678”	Local
Burragate Conservation Area	Shown by red hatching and labelled “C675”	Local
Candelo Main Street Conservation Area	Shown by red hatching and labelled “C673”	Local
Canning Street Conservation Area	Shown by red hatching and labelled “C679”	Local
Cobargo Main Street Conservation Area	Shown by red hatching and labelled “C685”	Local
Cobargo Roman Catholic Conservation Area	Shown by red hatching and labelled “C674”	Local
Pambula Main Street Conservation Area	Shown by red hatching and labelled “C677”	Local
Peden Street Conservation Area	Shown by red hatching and labelled “C682”	Local
South Imlay Street Conservation Area	Shown by red hatching and labelled “C686”	Local
Tathra Conservation Area	Shown by red hatching and labelled “C683”	Local
Tathra Headland Conservation Area	Shown by red hatching and labelled “C684”	Local
Upper Street Conservation Area	Shown by red hatching and labelled “C681”	Local
Wolumla Conservation Area	Shown by red hatching and labelled “C672”	Local
Wyndham Conservation Area	Shown by red hatching and labelled “C676”	Local

Part 3 Archaeological sites

Suburb	Item name	Address	Property description	Significance	Item no
Nil

Part 4 Aboriginal place of heritage significance

Suburb	Place name	Address	Property description	Significance	Item no
Bermagui	Bermagui Waterholes			Local	AH686
Mumbulla Mountain	Mumbulla Mountain			Local	AH671
Wallaga Lake	Merriman Island			Local	AH670

sch 5: Am 2017 (508), Sch 1 [4]–[8]; 2020 (222), Sch 1[1]–[4]; 2022 (55), cl 5(1)–(4).

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.

Acid Sulfate Soils Map means the Bega Valley Local Environmental Plan 2013 Acid Sulfate Soils Map.

Additional Permitted Uses Map means the Bega Valley Local Environmental Plan 2013 Additional Permitted Uses Map.

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 certain 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 or place—

(a) that provides residents with a principal place of residence for at least 3 months, and

(b) that contains shared facilities, such as a communal living room, bathroom, kitchen or laundry, and

(c) that contains rooms, some or all of which may have private kitchen and bathroom facilities, and

(d) used to provide affordable housing, and

(e) if not carried out by or on behalf of the Land and Housing Corporation—managed by a registered community housing provider,

but does not include backpackers’ accommodation, co-living housing, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.

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 10.3(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 funeral homes, goods repair and reuse premises and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, 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.

Note—

Centre-based child care facilities are a type of early education and care facility—see the definition of that term in this Dictionary.

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 (Biodiversity and Conservation) 2021, Chapter 2.

coastal hazard has the same meaning as in the Coastal Management Act 2016.

coastal lake means a body of water identified in State Environmental Planning Policy (Resilience and Hazards) 2021, Schedule 1.

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.

co-living housing means a building or place that—

(a) has at least 6 private rooms, some or all of which may have private kitchen and bathroom facilities, and

(b) provides occupants with a principal place of residence for at least 3 months, and

(c) has shared facilities, such as a communal living room, bathroom, kitchen or laundry, maintained by a managing agent, who provides management services 24 hours a day,

but does not include backpackers’ accommodation, a boarding house, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.

Note—

Co-living housing is a type of residential accommodation—see the definition of that term in this Dictionary.

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 Bega Valley Shire Council.

creative industry means a building or place the principal purpose of which is to produce or demonstrate arts, crafts, design or other creative products, and includes artists’ studios, recording studios, and set design and production facilities.

Note—

Creative industries are a type of light industry—see the definition of that term in this Dictionary.

crematorium means a building or place in which deceased persons or pets are cremated or processed by alkaline hydrolysis, whether or not the building or place contains an associated building for conducting memorial services.

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.

data centre means a building or place the principal purpose of which is to collect, distribute, process or store electronic data using information technology.

Note—

Data centres are a type of high technology industry—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.

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—

(a) making or generating electricity, or

(b) electricity storage.

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.

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 Bega Valley Local Environmental Plan 2013 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.

goods repair and reuse premises means a building or place the principal purpose of which is to collect, repair or refurbish goods, including furniture and appliances, for the purposes of sale, hire or swap, and includes premises known as op shops.

Note—

Goods repair and reuse premises are a type of business premises—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) 2021, Chapter 3, Part 5 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) 2021, Chapter 3, Part 5 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 Bega Valley Local Environmental Plan 2013 Height of Buildings Map.

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 Bega Valley Local Environmental Plan 2013 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,

and includes a data centre, 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 family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) 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.

Note 1—

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).

Note 2—

Home-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.

home business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—

(a) the employment of more than 2 persons other than the residents,

(b) interference with the amenity of the neighbourhood because 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 adjacent premises or from a public place, of unsightly matter,

(d) the exhibition of signage, other than a business identification sign,

(e) the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,

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 an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—

(a) the employment of more than 2 persons other than the residents,

(b) interference with the amenity of the neighbourhood because 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 adjacent premises or from a public place, of unsightly matter,

(d) the exhibition of signage, other than a business identification sign,

(e) the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,

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.

independent living unit means a dwelling or part of a building, whether or not attached to another dwelling—

(a) used to house seniors or people with a disability, and

(b) containing private facilities for cooking, sleeping and bathing, and

(c) where clothes washing facilities or other facilities for use in connection with the dwelling or part of a building may be provided on a shared basis,

but does not include a hostel.

Note—

Independent living units are a type of seniors housing—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.

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 Bega Valley Local Environmental Plan 2013 Land Application Map.

Land Reclassification (Part Lots) Map means the Bega Valley Local Environmental Plan 2013 Land Reclassification (Part Lots) Map.

Land Reservation Acquisition Map means the Bega Valley Local Environmental Plan 2013 Land Reservation Acquisition Map.

Land Zoning Map means the Bega Valley Local Environmental Plan 2013 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,

(d) creative 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 Clauses Map means the Bega Valley Local Environmental Plan 2013 Local Clauses Map.

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.

Lot Size Map means the Bega Valley Local Environmental Plan 2013 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.

Natural Resources Land Map means the Bega Valley Local Environmental Plan 2013 Natural Resources Land Map.

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, 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.

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.

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.

Original Holdings Map means the Bega Valley Local Environmental Plan 2013 Original Holdings Map.

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.

public reserve has the same meaning as in the Local Government Act 1993.

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.

registered community housing provider has the same meaning as in the Community Housing Providers (Adoption of National Law) Act 2012, section 13.

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,

(baa) co-living housing,

(c) dual occupancies,

(d) dwelling houses,

(e) group homes,

(f) hostels,

(faa) (Repealed)

(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, co-living housing 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.

Riparian Lands and Watercourses Map means the Bega Valley Local Environmental Plan 2013 Riparian Lands and Watercourses Map.

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 1—

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.

Note 2—

School-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.

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 clauses 5.4 and 5.5 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

(b) a hostel within the meaning of State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5, or

(c) a group of independent living units, 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.

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 the ground floor of a building, where at least the ground floor is used for commercial premises or health services facilities.

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.

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, local distribution premises 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.

Terrestrial Biodiversity Map means the Bega Valley Local Environmental Plan 2013 Terrestrial Biodiversity Map.

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.

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, but does not include 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 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.

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.

Dictionary: Am 2017 (366), cl 5 (3); 2018 (381), Sch 1 [4].

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Bega Valley Local Environmental Plan 2013

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 2.5 of the Act
Zone SP2 Infrastructure and marked “Classified road”	Transport for NSW
Zone C1 National Parks and Nature Reserves and marked “National Park”	Minister administering the National Parks and Wildlife Act 1974
Zone E2 Environmental Conservation and marked “Coastal lands acquisition”	The corporation constituted under section 8 of the Act

Column 1	Column 2
Land	Development
Zone E1 National Parks and Nature Reserves and marked “National Park”	Roads
Zone E2 Environmental Conservation and marked “Coastal lands acquisition”	Recreation areas

Class of land	Works
1	Any works.
2	Works below the natural ground surface. Works by which the watertable is likely to be lowered.
3	Works more than 1 metre below the natural ground surface. Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4	Works more than 2 metres below the natural ground surface. Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5	Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.