Table Of Contents

Eurobodalla Local Environmental Plan 2012

Part 1 Preliminary
1.1   Name of Plan
This Plan is Eurobodalla Local Environmental Plan 2012.
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 Eurobodalla 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 preserve the urban growth boundaries of Eurobodalla as identified in the Eurobodalla Settlement Strategy,
(b)  to ensure development embraces the principles of ecologically sustainable development and quality urban design, and encourages walking, cycling and public transport use,
(c)  to provide employment opportunities and strengthen the local economic base by encouraging a range of enterprises, including tourism, which respond to lifestyle choices, emerging markets and changes in technology,
(d)  to identify and protect the established residential neighbourhoods and ensure a sufficient supply of suitable land to meet the future residential needs of Eurobodalla,
(e)  to restrict development of land that is subject to flooding, coastline hazard, bush fires and land slip,
(f)  to ensure that resource lands, including agriculture, mineral resources and extractive materials are not rendered sterile from incompatible land use,
(g)  to provide measures to protect and manage the biodiversity and environmental values of the land and waterways,
(h)  to ensure that development takes into account the environmental constraints of the land and minimises any off site and on site impacts on biodiversity, water resources and natural landforms,
(i)  to identify and protect the cultural and architectural heritage of Eurobodalla, including Aboriginal relics and places, and assist in its promotion as a tourism asset.
1.3   Land to which Plan applies
(1)  This Plan applies to the land identified on the Land Application Map.
(1A), (1B)    (Repealed)
cl 1.3: Am 2014 (711), Sch 1 [1]; 2019 (503), Sch 1[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.
Note—
The following local environmental plan is repealed under this provision—
(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
cl 1.8: Am 2019 (503), Sch 1[2].
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—
(3)    (Repealed)
Note—
cl 1.9: Am 2016 (310), Sch 4.9 [1] [2]; 2022 (72), Sch 1.16; 2022 (629), Sch 3.2[1] [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
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
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
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
cl 2.1: Am 2022 (830), Sch 1.11[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).
cl 2.8: Am 2016 (593), Sch 1 [1].
2.9   Canal estate development prohibited
(1)  Canal estate development is prohibited on land to which this Plan applies.
(2)  In this Plan, canal estate development means development that involves—
(a)  a constructed canal, or other waterway or waterbody, that—
(i)  is inundated by surface water or groundwater movement, or
(ii)  drains to a waterway or waterbody by surface water or groundwater movement, and
(b)  the erection of a dwelling, and
(c)  one or both of the following—
(i)  the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii)  excavation to create a waterway.
(3)  Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a)  carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b)  limited to the minimum reasonable size and capacity.
(4)  In this clause—
flood planning area has the same meaning as in clause 5.21.
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 (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
Land Use tbl: Am 2013 (19), Sch 1; 2015 (723), Sch 1 [1]–[4]; 2016 (593), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (503), Sch 1[3]–[40]; 2019 (621), Sch 3; 2020 (67), cl 5(1) (2); 2021 (714), Sch 10.7; 2022 (314), Sch 1; 2022 (830), Sch 1.11[2].
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 minimise the visual impact of development on the rural landscape.
•  To provide for recreational and tourist activities that support the agricultural, environmental and conservation value of the land.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Forestry; Home occupations
3   Permitted with consent
Agriculture; Animal boarding or training establishments; Aquaculture; Camping grounds; Cellar door premises; Dual occupancies; Dwelling houses; Eco-tourist facilities; Extractive industries; Farm buildings; Funeral homes; Home industries; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Plant nurseries; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Secondary dwellings; Tourist and visitor accommodation; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Amusement centres; Business premises; Caravan parks; Centre-based child care facilities; Entertainment facilities; Heavy industrial storage establishments; Hotel or motel accommodation; Industrial retail outlets; Industries; Office premises; Residential accommodation; Restricted premises; Retail premises; Serviced apartments; Sex services premises; Vehicle body repair workshops; Vehicle repair stations
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
Environmental protection works; 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; Environmental facilities; Extractive industries; Roads; Sewerage systems; Water supply systems
4   Prohibited
Any development not specified in item 2 or 3
Zone RU4   Primary Production Small Lots
1   Objectives of zone
•  To enable sustainable primary industry and other compatible land uses.
•  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home occupations
3   Permitted with consent
Agricultural produce industries; Animal boarding or training establishments; Aquaculture; Camping grounds; Cellar door premises; Dual occupancies; Dwelling houses; Eco-tourist facilities; Farm buildings; Funeral homes; Home industries; Intensive plant agriculture; Landscaping material supplies; Plant nurseries; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Secondary dwellings; Tourist and visitor accommodation; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Air transport facilities; Airstrips; Amusement centres; Business premises; Caravan parks; Centre-based child care facilities; Entertainment facilities; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Hotel or motel accommodation; Industrial retail outlets; Industries; Intensive livestock agriculture; Livestock processing industries; Office premises; Registered clubs; Residential accommodation; Restricted premises; Retail premises; Sawmill or log processing works; Service stations; Serviced apartments; Sex services premises; Stock and sale yards; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities
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 recognise the areas of Nelligen, Bodalla, Central Tilba and Tilba Tilba as rural villages.
•  To protect and conserve the historical significance, character and scenic quality of rural village settings.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Backpackers’ accommodation; Bed and breakfast accommodation; Building identification signs; Business identification signs; Business premises; Car parks; Centre-based child care facilities; Community facilities; Depots; Dual occupancies; Dwelling houses; Environmental facilities; Flood mitigation works; Food and drink premises; Garden centres; Hardware and building supplies; Home-based child care; Home businesses; Home industries; Hotel or motel accommodation; Information and education facilities; Light industries; Markets; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Rural supplies; Schools; Secondary dwellings; Service stations; Sewerage systems; Shops; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Water supply systems
4   Prohibited
Local distribution 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.
•  To encourage residential development that is consistent with the character of the neighbourhood.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Seniors housing; Sewerage systems; Shop top housing; Tank-based aquaculture; Water supply systems
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.
•  To encourage tourist and visitor accommodation in areas of demand subject to controls to ensure the adequate protection of a permanent residential housing supply and amenity.
•  To encourage walking, cycling and the use of public transport.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Exhibition homes; Exhibition villages; Group homes; Home-based child care; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Sewerage systems; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Water supply systems
4   Prohibited
Any other development not specified in item 2 or 3
Zone R5   Large Lot Residential
1   Objectives of zone
•  To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
•  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
•  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To provide opportunities for small scale rural activities where compatible with the existing residential accommodation.
2   Permitted without consent
Bee keeping; Environmental protection works; Extensive agriculture; Home occupations
3   Permitted with consent
Aquaculture; Building identification signs; Business identification signs; Cellar door premises; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Home-based child care; Home businesses; Home industries; Horticulture; Jetties; Oyster aquaculture; Places of public worship; Plant nurseries; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Sewerage systems; Tank-based aquaculture; Tourist and visitor accommodation; Viticulture; Water supply systems
4   Prohibited
Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
Zone E1   Local Centre
1   Objectives of zone
•  To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
•  To encourage investment in local commercial development that generates employment opportunities and economic growth.
•  To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
•  To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
•  To ensure that development retains a scale and character consistent with the local area.
•  To ensure that development does not adversely affect the adjoining residential amenity.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Highway service centres; Hotel or motel accommodation; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Depots; Eco-tourist facilities; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Helipads; Industrial retail outlets; Industries; Open cut mining; Passenger transport facilities; Residential accommodation; Rural industries; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Wholesale supplies
Zone E3   Productivity Support
1   Objectives of zone
•  To provide a range of facilities and services, light industries, warehouses and offices.
•  To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
•  To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
•  To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
•  To provide opportunities for new and emerging light industries.
•  To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
•  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 encourage site amalgamation and creation of a highway service precinct on land at Batemans Bay.
•  To support the nearby local business centre of Moruya without adversely impacting on the viability of that centre.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Camping grounds; Caravan parks; Eco-tourist facilities; Entertainment facilities; Extractive industries; Farm buildings; General industries; Heavy industrial storage establishments; Heavy industries; Open cut mining; Residential accommodation; Tourist and visitor accommodation
Zone E4   General Industrial
1   Objectives of zone
•  To provide a range of industrial, warehouse, logistics and related land uses.
•  To ensure the efficient and viable use of land for industrial uses.
•  To minimise any adverse effect of industry on other land uses.
•  To encourage employment opportunities.
•  To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Depots; Freight transport facilities; Funeral homes; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Heavy industrial storage establishments; Industrial retail outlets; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Rural industries; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Business premises; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Eco-tourist facilities; Educational establishments; Entertainment facilities; Farm buildings; Health services facilities; Heavy industries; Highway service centres; Office premises; Residential accommodation; Respite day care centres; Retail premises; Tourist and visitor accommodation
Zone MU1   Mixed Use
1   Objectives of zone
•  To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
•  To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
•  To reinforce the role and function of Batemans Bay as the major regional centre in Eurobodalla.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Hostels; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Depots; Eco-tourist facilities; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industries; Open cut mining; Residential accommodation; Rural industries; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Wholesale supplies
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.
•  To ensure the ongoing economic viability and growth of Moruya Airport as a regional transport facility.
•  To encourage a range of commercial, industrial, recreational and residential land uses that are directly related to and compatible with the use of Moruya Airport.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone SP2   Infrastructure
1   Objectives of zone
•  To provide for infrastructure and related uses.
•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
2   Permitted without consent
Environmental protection works; Roads
3   Permitted with consent
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone 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
Airstrips; Amusement centres; Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Food and drink premises; Function centres; Helipads; Heliports; Information and education facilities; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Neighbourhood shops; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Roads; Sewerage systems; Signage; Tourist and visitor accommodation; Water recreation structures; Water supply systems; Wharf or boating facilities
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.
•  To conserve the scenic and environmental resources of the land including the protection of environmental assets such as remnant vegetation, waterways and wetlands, and habitats for threatened species, populations and communities.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Airstrips; Aquaculture; 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; Emergency services facilities; Environmental facilities; Function centres; Heliports; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Moorings; Passenger transport facilities; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Restaurants or cafes; Roads; Sewerage systems; Water recreation structures; Water supply systems; Wharf or boating facilities
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 conserve the scenic and environmental resources of the land including the protection of environmental assets such as remnant vegetation, waterways and wetlands, and habitats for threatened species, populations and communities.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Airstrips; Aquaculture; 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; Emergency services facilities; Environmental facilities; Function centres; Helipads; Heliports; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Moorings; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Roads; Sewerage systems; Water recreation structures; Water supply systems
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.
•  To manage items, places and landscapes of Aboriginal cultural heritage significance into the future in collaboration with the local Aboriginal community.
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.
•  To identify sensitive coastal lakes, estuaries, wetlands, overland flow paths and riparian zones and those areas at risk from coastline hazards, including sea level rise.
•  To protect and improve water quality.
•  To protect and enhance the natural environment for recreation purposes.
•  To manage items, places and landscapes of Aboriginal cultural heritage significance into the future in collaboration with the local Aboriginal community.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Boat sheds; Camping grounds; Environmental facilities; Oyster aquaculture Roads; Sewerage systems; Water recreation structures; Water supply systems
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 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.
•  To protect the size and shape of vegetation remnants if consistent with the protection of assets from bush fire.
•  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
•  To manage items, places and landscapes of Aboriginal cultural heritage significance into the future in collaboration with the local Aboriginal community.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Home occupations
3   Permitted with consent
Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Farm buildings; Group homes; Home-based child care; Home businesses; Home industries; Horticulture; Jetties; Oyster aquaculture; Pond-based aquaculture; Roads; Roadside stalls; Secondary dwellings; Sewerage systems; Tank-based aquaculture; Tourist and visitor accommodation; Viticulture; Water supply systems
4   Prohibited
Backpackers’ accommodation; Farm stay accommodation; Hotel or motel accommodation; Industries; Local distribution premises; Service stations; Serviced apartments; 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; Environmental facilities; Jetties; Mooring pens; Moorings; Sewerage systems; Water recreation structures; Water supply systems
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 building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Charter and tourism boating facilities; Environmental facilities; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Sewerage systems; Take away food and drink premises; Water recreation structures; Water supply systems; Wharf or boating facilities
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
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.
(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,
(ja)    (Repealed)
(jb)  land identified as “Class 1” or “Class 2” on the Acid Sulfate Soils Map.
cl 3.3: Am 2015 (723), Sch 1 [5].
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows—
(a)  to ensure that subdivision reflects and reinforces the predominant subdivision pattern of the area,
(b)  to ensure lot sizes and dimensions are able to accommodate development consistent with relevant development controls,
(c)  to ensure that subdivision promotes effective land management practices and infrastructure provision,
(d)  to protect native vegetation, natural watercourses and habitats for threatened species and populations, and endangered ecological communities.
(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.
(3A)  For the purpose of calculating the size of a battle-axe lot, the area of the access handle is excluded.
(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.
4.1AA   Minimum subdivision lot size for community title schemes
(1)  The objectives of this clause are as follows—
(a)  to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements,
(b)  to ensure that lot sizes and subdivision patterns for tourist and visitor accommodation provide protection for the rural and environmental values of the area.
(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 RU4 Primary Production Small Lots,
(c)  Zone R5 Large Lot Residential,
(d)  Zone C4 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.
(3A)  Despite subclause (3), development consent may be granted for the subdivision of land to which this clause applies resulting in lots that are less than the minimum size specified by that subclause if the consent authority is satisfied that—
(a)  the use of the land after the subdivision will be for the purposes of tourist and visitor accommodation or an eco-tourist facility permitted under an existing development consent for the land, and
(b)  the development is complementary to the rural and environmental attributes of the land and its surrounds, and
(c)  there is or will be appropriate vehicular access servicing the development.
(4)  This clause applies despite clause 4.1.
cl 4.1AA: Am 2022 (830), Sch 1.11[4].
4.1A   Minimum subdivision lot size for strata plan schemes in certain rural, residential and conservation zones
(1)  The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
(2)  This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a)  Zone RU1 Primary Production,
(b)  Zone RU4 Primary Production Small Lots,
(c)  Zone R5 Large Lot Residential,
(d)  Zone C4 Environmental Living.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
cl 4.1A: Am 2022 (830), Sch 1.11[3] [4].
4.1B   Subdivision in Zone RU5 Village
(1)  This clause applies to land within Zone RU5 Village.
(2)  Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that the land is serviced with water and sewerage or that adequate arrangements have been made to service the land.
4.1C   Exceptions to minimum lot sizes for certain residential development
(1)  The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
(2)  This clause applies to development on land in the following zones—
(a)  Zone R2 Low Density Residential,
(b)  Zone R3 Medium Density Residential.
(3)  Development consent may be granted to a single development application for the following development on land to which this clause applies—
(a)  the subdivision of land into 3 or more lots,
(b)  the erection of an attached dwelling, a semi-detached dwelling or a dwelling house on each lot resulting from the subdivision, if the size of each lot is equal to or greater than 300 square metres.
(4)  Despite subclause (3), development consent must not be granted under this clause unless the consent authority is satisfied that each lot will be adequately serviced with reticulated water and sewerage.
4.1D   Subdivision in environmentally sensitive areas
(1)  The objective of this clause is to enable subdivision for certain purposes on land within environmentally sensitive areas.
(2)  This clause applies to land within an environmentally sensitive area.
(3)  Despite any other provision of this Plan, development consent may be granted for the subdivision of land to which this clause applies for the purposes of any one or more of the following to create lots of any size—
(a)  widening a public road,
(b)  a minor realignment of boundaries—
(i)  that will not create additional lots or the opportunity for additional dwellings, and
(ii)  that will not adversely affect the provision of existing services on a lot, and
(iii)  that will not result in any increased bush fire risk to existing buildings,
(c)  rectifying an encroachment on a lot,
(d)  creating a public reserve,
(e)  excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.
(4)  In this clause, environmentally sensitive area has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
4.1E   Lot averaging subdivision in certain zones
(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 within the following zones—
(aa)  Zone RU4 Primary Production Small Lots,
(a)  Zone R5 Large Lot Residential,
(b)  Zone C4 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 that requires development consent (whether or not the subdivision is under the Community Land Development Act 1989) to create lots of any size 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)  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
(c)  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—
(aa)  none of the lots resulting from the subdivision that are wholly or partly within Zone RU4 Primary Production Small Lots will have an area of less than 2 hectares, and
(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.
cl 4.1E: Am 2019 (503), Sch 1[41] [42]; 2022 (830), Sch 1.11[4].
4.1F   Minimum lot sizes for certain split zones
(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 uses and development.
(2)  This clause applies to each lot (an original lot) that contains—
(a)  land in a residential, employment or mixed use zone or in Zone C4 Environmental Living, and
(b)  land in a rural zone or Zone C2 Environmental Conservation.
(3)  Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—
(a)  one of the resulting lots will contain—
(i)  land in a residential, employment or mixed use zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii)  all of the land in a rural zone or Zone C2 Environmental Conservation that was in the original lot, and
(b)  all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
cl 4.1F: Ins 2016 (593), Sch 1 [3]. Am 2022 (830), Sch 1.11[4]–[6].
4.2   Rural subdivision
(1)  The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
(2)  This clause applies to the following rural zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(baa)  Zone RU3 Forestry,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU6 Transition.
Note—
When this Plan was made it did not include Zone RU2 Rural Landscape or Zone RU6 Transition.
(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 or dual occupancies on land in Zone RU1 Primary Production
(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 Zone RU1 Primary Production,
(c)  to ensure that rural residential development does not create unreasonable or uneconomic demands for the provision or extension of public infrastructure.
(2)  Development consent must not be granted for the erection of a dwelling house or dual occupancy on land in Zone RU1 Primary Production, and on which no dwelling house or dual occupancy is erected, unless the land—
(a)  is a lot that has an area of at least the minimum lot size shown on the Lot Size Map in relation to that land, or
(b)  is a lot created 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 existing holding, or
(e)  is a 1987 holding, or
(f)    (Repealed)
(g)  would have been a lot or a holding referred to in paragraphs (b)–(e) 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.
(3)    (Repealed)
(4)  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.
(5)  In this clause—
1987 holding means land that—
(a)  was a holding on 11 December 1987, and
(b)  is a holding at the time the application for development consent referred to in subclause (2) is lodged,
whether or not there has been a change in the ownership of the holding since 11 December 1987, and includes any other land adjoining that land acquired by the owner or owners since 11 December 1987.
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.
existing holding means land that—
(a)  was a holding on 9 August 1963, and
(b)  is a holding at the time the application for development consent referred to in subclause (2) is lodged,
whether or not there has been a change in the ownership of the holding since 9 August 1963, and includes any other land adjoining that land acquired by the owner or owners since 9 August 1963.
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.
holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.
cl 4.2A: Am 2015 (723), Sch 1 [6]; 2019 (503), Sch 1[43]–[45].
4.2B   Dual occupancies on land in rural zones
(1)  The objectives of this clause are as follows—
(a)  to provide alternative accommodation for rural families and itinerant workers on a property,
(b)  to ensure development is of a scale and nature that is compatible with the rural landscape and environmental capabilities of the land.
(2)  This clause applies to land in a rural zone.
(3)  Development consent must not be granted to development for the purpose of a dual occupancy on land to which this clause applies unless the consent authority is satisfied that—
(a)  both dwellings will use the same vehicular access from a public road, and
(b)  the land is suitable for the proposed development, and
(c)  the land is capable of accommodating effluent disposal areas for both dwellings.
cl 4.2B: Am 2015 No 58, Sch 2.10.
4.2C   Boundary changes between lots in certain rural and conservation zones
(1)  The objective of this clause is to permit the boundary between 2 or more lots to be altered in certain circumstances to give landowners a greater opportunity to achieve the objectives for development in a zone.
(2)  This clause applies to land in any of the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU3 Forestry,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone C2 Environmental Conservation.
(3)  Despite clause 4.1 (3), development consent may be granted to the subdivision of 2 or more adjoining lots, being land to which this clause applies, if the subdivision will not result in either of the following—
(a)  an increase in the number of lots,
(b)  an increase in the number of dwellings on, or dwellings that may be erected on, any of the lots.
(4)  Before determining a development application for the subdivision of land under this clause, the consent authority must consider the following—
(a)  the existing uses and approved uses of other land in the vicinity of the subdivision,
(b)  whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,
(c)  whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d)  whether or not the subdivision is likely to be incompatible with a use of land in any adjoining zone,
(e)  any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),
(f)  whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(g)  whether or not the subdivision is likely to have an adverse impact on the environmental values, heritage vistas or landscapes or agricultural viability of the land.
(5)  This clause does not apply—
(a)  in relation to the subdivision of individual lots in a strata plan or community title scheme, or
(b)  if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.
cl 4.2C: Ins 2019 (503), Sch 1[46]. Am 2022 (830), Sch 1.11[6] [7].
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,
(b)  to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development.
(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
[Not adopted]
4.5   Calculation of floor space ratio and site area
[Not adopted]
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.
cl 4.6: Am 2022 (830), Sch 1.11[8].
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 SP2 Infrastructure and marked “Car park”
Council
Zone SP2 Infrastructure and marked “Local Road Widening”
Council
Zone C2 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.
cl 5.1: Am 2022 (830), Sch 1.11[6].
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 RE1 Public Recreation and marked “Local open space”
Recreation areas
Zone RE1 Public Recreation and marked “Regional open space”
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 20 metres.
(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
(b)  land within the coastal zone, or
(c)  land proposed to be developed for the purpose of sex services or restricted premises.
(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
(5)  This clause does not prescribe a development standard that may be varied under this Plan.
cl 5.3: Am 2022 (830), Sch 1.11[8].
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 6 bedrooms.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 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)  67% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 6 bedrooms in buildings.
(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 125 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 20 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)  45% 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 a rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a)  67% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2018 (406), Sch 1.46 [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)  45% of the total floor area of the principal dwelling, and
(b)  [Not adopted]
cl 5.5: Subst 2021 (714), Sch 11.12
5.6   Architectural roof features
(1)  The objectives of this clause are as follows—
(a)  to enable an innovative and flexible approach to roof design.
(2)  Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.
(3)  Development consent must not be granted to any such development unless the consent authority is satisfied that—
(a)  the architectural roof feature—
(i)  comprises a decorative element on the uppermost portion of a building, and
(ii)  is not an advertising structure, and
(iii)  does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv)  will cause minimal overshadowing, and
(b)  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
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
[Not adopted]
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 Eurobodalla,
(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)  for a poultry farm used for breeding poultry—within 5km of another poultry farm, or
(vi)  for a poultry farm not used for breeding poultry—
(A)  within 5km of a poultry farm used for breeding poultry, or
(B)  within 1km of a poultry farm not used for breeding poultry, or
(vii)  for a pig farm—within 3km of another pig 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 E3 Productivity Support, Zone MU1 Mixed Use, 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]
5.23   Public bushland
[Not adopted]
5.24   Farm stay accommodation
(1)  The objectives of this clause are as follows—
(a)  to diversify the uses of agricultural land without adversely impacting the principal use of the land for primary production,
(b)  to balance the impact of tourism and related commercial uses with the use of land for primary production, the environment, scenic values, infrastructure and adjoining land uses.
(2)  Development consent must not be granted to development for the purposes of farm stay accommodation on a landholding unless the consent authority is satisfied all buildings or manufactured homes used to accommodate guests on the landholding will be—
(a)  on the same lot as an existing lawful dwelling house, or
(b)  on a lot of a size not less than the minimum lot size for a dwelling house to be permitted on the lot under an environmental planning instrument applying to the land.
(3)  Subclause (2) does not apply if the development is a change of use of an existing dwelling to farm stay accommodation.
(4)  Development consent must not be granted to development for the purposes of farm stay accommodation on land unless the consent authority has considered—
(a)  whether the development will result in noise or pollution that will have a significant adverse impact on the following on or near the land—
(i)  residential accommodation,
(ii)  primary production operations,
(iii)  other land uses, and
(b)  whether the development will have a significant adverse impact on the following on or near the land—
(i)  the visual amenity or heritage or scenic values,
(ii)  native or significant flora or fauna,
(iii)  water quality,
(iv)  traffic,
(v)  the safety of persons, and
(c)  whether the development is on bush fire prone land or flood prone land, and
(d)  the suitability of the land for the development, and
(e)  the compatibility of the development with nearby land uses.
cl 5.24: Subst 2023 (458), Sch 1[4].
5.25   Farm gate premises
(1)  The objectives of this clause are as follows—
(a)  to allow for tourism and related commercial uses on land used principally for primary production at a scale that does not adversely affect the principal use of the land for primary production,
(b)  to balance the impact of tourism and related commercial uses with the use of land for primary production, the environment, scenic values, infrastructure and adjoining land uses.
(2)  Development consent must not be granted to development for the purposes of farm gate premises on land unless the consent authority has considered—
(a)  whether the development will result in noise or pollution that will have a significant adverse impact on the following on or near the land—
(i)  residential accommodation,
(ii)  primary production operations,
(iii)  other land uses, and
(b)  whether the development will have a significant adverse impact on the following on or near the land—
(i)  the visual amenity or heritage or scenic values,
(ii)  native or significant flora or fauna,
(iii)  water quality,
(iv)  traffic,
(v)  the safety of persons, and
(c)  whether the development is on bush fire prone land or flood prone land, and
(d)  the suitability of the land for the proposed development, and
(e)  the compatibility of the development with nearby land uses.
cl 5.25: Subst 2023 (458), Sch 1[4].
Part 6 Additional local provisions
6.1   Public utility infrastructure
(1)  Development consent must not be granted for development on land in a land release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.
(2)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
6.2   Development control plans for land release areas
(1)  The objective of this clause is to ensure that development on land in a land release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.
(2)  Development consent must not be granted for development on land in a land release area unless a development control plan that provides for the matters specified in subclause (4) has been prepared for the land.
(3)    (Repealed)
(4)  The development control plan referred to in subclause (2) must provide for all of the following—
(a)  a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,
(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d)  an overall assessment of the conservation significance of the land and proposed measures to avoid, minimise or mitigate any impact on identified areas of significance,
(e)  a network of passive and active recreational areas,
(f)  stormwater and water quality management controls,
(g)  amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
(h)  detailed urban design controls for significant development sites,
(i)  measures to encourage higher density living around transport, open space and service nodes,
(j)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,
(k)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.
(5)  Subclause (2) does not apply to any of the following development—
(a)  a subdivision for the purpose of a realignment of boundaries that does not create additional lots,
(b)  a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,
(c)  a subdivision of land in a zone in which the erection of structures is prohibited,
(d)  proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.
cl 6.2: Am 2019 (503), Sch 1[47].
6.3   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.
6.4   Earthworks
(1)  The objectives of this clause are as follows—
(a)  to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b)  to allow earthworks of a minor nature without requiring separate development consent.
(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 other development for which development consent has been given.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b)  the effect of the proposed development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  the proximity to and potential for adverse impacts on any watercourse, 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.
6.5   (Repealed)
cl 6.5: Am 2020 (563), Sch 1[1]–[3]. Rep 2021 (225), Sch 1.
6.6   (Repealed)
cl 6.6: Rep 2019 (503), Sch 1[48].
6.7   Riparian lands 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, and continuity and connectivity between, waterways and riparian areas.
(2)  This clause applies to land identified as follows on the Riparian Lands and Watercourses Map and situated within the distances specified below in relation to the top of the bank of the watercourse concerned—
(a)  Riparian Category 1 watercourse—40 metres,
(b)  Riparian Category 2 watercourse—20 metres,
(c)  Riparian Category 3 watercourse—10 metres.
(3)  Before determining a development application to carry out development on land to which this clause applies, the consent authority must consider whether or not the development—
(a)  will cause any adverse impact on the following—
(i)  water quality and flows within a watercourse,
(ii)  aquatic and riparian species, habitats and ecosystems,
(iii)  the stability of the bed, shore and banks of a watercourse,
(iv)  the free passage of fish and other aquatic organisms within or along a watercourse,
(v)  any future rehabilitation of the watercourse and riparian areas, and
(b)  will increase water extraction from a watercourse.
(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.
6.8   Wetlands
(1)  The objective of this clause is to ensure that wetlands are preserved and protected from the impacts of development.
(2)  This clause applies to land identified as “Wetland” on the Wetlands 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 significant adverse impact on the following—
(i)  the condition and significance of the existing native fauna and flora on the land,
(ii)  the provision and quality of habitats on the land for indigenous and migratory species,
(iii)  the surface and groundwater characteristics of the land, including water quality, natural water flows and salinity, 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—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.
6.9   Stormwater management
(1)  The objective of this clause is to minimise the impact of urban stormwater on land adjoining downstream properties, native bushland and receiving waters.
(2)  This clause applies to all land in a residential, employment or mixed use zone.
(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 designed to maximise the use of water permeable surfaces on the site, having regard to the soil characteristics affecting on site infiltration of water, and
(b)  includes, where practical, on site stormwater retention for use as an alternative supply to mains water, groundwater or river water, and
(c)  avoids, or where an impact cannot be avoided, minimises and mitigates, the impacts of stormwater run off on adjoining downstream properties, native bushland and receiving waters.
cl 6.9: Am 2022 (830), Sch 1.11[9].
6.10   Minimum street frontage of land for buildings
(1)  The objectives of this clause are as follows—
(a)  to ensure that, visually, buildings within Zone MU1 Mixed Use have an appropriate overall horizontal proportion compared to their vertical proportions,
(b)  to ensure that vehicular access to any such building is reasonably spaced and separated along roads and lanes,
(c)  to provide appropriate dimensions for the design of car parking levels in any such building,
(d)  to encourage the development of larger commercial, office, business, residential and mixed use buildings provided for under this Plan.
(2)  Development consent must not be granted for the erection of a building on land in Zone MU1 Mixed Use unless the land on which the building is to be erected has at least one street frontage of 24 metres or more to a public street (excluding service laneways).
(3)  Despite subclause (2), development consent may be granted for the erection of a building on land that does not have at least one street frontage of 24 metres or more if the consent authority is satisfied that the construction of the building is—
(a)  otherwise in accordance with the requirements of this Plan, and
(b)  consistent with the objectives of this clause.
cl 6.10: Am 2022 (830), Sch 1.11[10].
6.11   Active street frontages
(1)  The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages on land in certain employment and mixed use zones.
(2)  Development consent must not be granted to the erection of a building, or a change of use of a building, on land in Zone E1 Local Centre or Zone MU1 Mixed Use unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.
(3)  Despite subclause (2), an active street frontage is not required for any part of a building that is used for any of the following—
(a)  entrances and lobbies (including as part of mixed use development),
(b)  access for fire services,
(c)  vehicle access.
(4)  In this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises.
cl 6.11: Am 2022 (830), Sch 1.11[11] [12].
6.12   Location of sex services premises
(1)  The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between sex services premises, specified land uses and places regularly frequented by children.
(2)  Before determining a development application to carry out development for the purposes of sex services premises, the consent authority must consider the following—
(a)  whether the premises will be located on land that adjoins, is directly opposite or is separated only by a local road from land—
(i)  in Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public Recreation, or
(ii)  that is used for the purposes of a centre-based child care facility, a community facility, a school or a place of public worship,
(b)  the impact the proposed development and its hours of operation would have on any place likely to be regularly frequented by children—
(i)  that adjoins the proposed development, or
(ii)  that can be viewed from the proposed development, or
(iii)  from which a person can view the proposed development.
cl 6.12: Am 2017 (493), Sch 1.2 [1].
6.13   Public infrastructure buffer
(1)  The objective of this clause is to provide appropriate buffers around certain public infrastructure to minimise potential land use conflict between existing and proposed development.
(2)  This clause applies to land identified as “Buffer” on the Public Infrastructure Buffer Map.
(3)  Development consent must not be granted for development on land to which this clause applies unless the consent authority has considered—
(a)  whether the development has been designed, sited or managed to avoid any adverse odour, noise and visual impacts arising out of the authorised use and operation of any public infrastructure on adjoining land identified as “Public infrastructure” on the Public Infrastructure Buffer Map, and
(b)  if certain adverse impacts cannot be avoided, after having taken into consideration feasible alternatives, whether the development is designed, sited or is to be managed to mitigate those impacts.
6.14   Design excellence in Batemans Bay
(1)  This clause applies to development involving the erection of a new building or external alterations to an existing building on land in Batemans Bay that is in Zone MU1 Mixed Use.
(2)  Development consent must not be granted for development to which this clause applies unless the consent authority considers that the development exhibits design excellence.
(3)  In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters—
(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b)  whether the form and external appearance of the development will improve the quality and amenity of the public domain,
(c)  whether the development detrimentally impacts on view corridors,
(d)  how the development addresses the following matters—
(i)  the suitability of the land for development,
(ii)  existing and proposed uses and use mix,
(iii)  heritage issues and streetscape constraints,
(iv)  the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(v)  bulk, massing and modulation of buildings,
(vi)  street frontage heights,
(vii)  environmental impacts such as sustainable design, overshadowing, wind and reflectivity,
(viii)  the achievement of the principles of ecologically sustainable development,
(ix)  pedestrian, cycle, vehicular and service access, circulation and requirements,
(x)  the impact on, and any proposed improvements to, the public domain.
cl 6.14: Am 2022 (830), Sch 1.11[13].
6.15   (Repealed)
cl 6.15: Rep 2021 (175), Sch 2.3.
6.16   Development of land at Kyla Park
(1)  The objective of this clause is to ensure that development is of a density and scale compatible with the unique character of the Kyla Park area.
(2)  This clause applies to land identified as “Dwelling Density” on the Dwelling Density Map.
(3)  Development consent must not be granted to development on land to which this clause applies unless the dwelling density (excluding secondary dwellings) will not exceed 1 dwelling per lot.
cl 6.16: Am 2015 (723), Sch 1 [7].
6.17   Airspace operations
(1)  The objectives of this clause are as follows—
(a)  to provide for the effective and ongoing operation of the Moruya Airport by ensuring that such operation is not compromised by proposed development that penetrates the obstacle limitation surface or PANS-OPS surface for that airport,
(b)  to protect the community from undue risk from that operation.
(2)  This clause applies in relation to a development application if—
(a)  the proposed development is on land shown on the Obstacle Limitation Surface Map for which an obstacle limitation surface is identified and the consent authority is satisfied the proposed development will penetrate the obstacle limitation surface, or
(b)  the proposed development is on land shown on the Procedures for Air Navigation Services—Aircraft Operations Map for which a PANS-OPS surface is identified and the consent authority is satisfied the proposed development will penetrate the PANS-OPS surface.
(3)  Before deciding whether to grant development consent for the application, the consent authority must—
(a)  consult the relevant Commonwealth body about the application, and
(b)  give the relevant Commonwealth body a period of not less than 28 days within which to consider and comment on the application.
(4)  The consent authority may grant development consent for development referred to in subclause (2)(a) if—
(a)  the relevant Commonwealth body is satisfied the proposed development will not penetrate the obstacle limitation surface as shown on the Obstacle Limitation Surface Map, or
(b)  the relevant Commonwealth body is satisfied the proposed development will penetrate the obstacle limitation surface as shown on the Obstacle Limitation Surface Map but—
(i)  does not object to the consent authority granting development consent, or
(ii)  does not object to the consent authority granting development consent subject to stated conditions.
(5)  However, if the consent authority grants development consent for an application to which subclause (4)(b)(ii) applies, the consent authority must grant the development consent subject to the conditions stated by the relevant Commonwealth body as far as practicable.
(6)  The consent authority must not grant development consent for development referred to in subclause (2)(a) if the relevant Commonwealth body—
(a)  is satisfied the development will penetrate the obstacle limitation surface as shown on the Obstacle Limitation Surface Map, and
(b)  objects to development consent being granted.
(7)  The consent authority must not grant development consent for development referred to in subclause (2)(b) if the relevant Commonwealth body—
(a)  is satisfied the development will penetrate the PANS-OPS surface as shown on the Procedures for Air Navigation Services—Aircraft Operations Map, and
(b)  objects to development consent being granted.
(8)  In this clause—
Obstacle Limitation Surface Map means the Obstacle Limitation Surface Map for the Moruya Airport prepared by the operators of Moruya Airport and approved by the relevant Commonwealth body or relevant Commonwealth Minister.
Procedures for Air Navigation Services—Aircraft Operations Map means the Procedures for Air Navigation Services—Aircraft Operations Map for the Moruya Airport prepared by the operators of Moruya Airport and approved by the relevant Commonwealth body or relevant Commonwealth Minister.
relevant Commonwealth body means the body responsible for development decisions relating to the Moruya Airport under Commonwealth legislation.
relevant Commonwealth Minister means the Minister responsible for development decisions relating to the Moruya Airport under Commonwealth legislation.
cll 6.17, 6.18: Ins 2019 (503), Sch 1[49].
6.18   Certain advertising signs
Despite any other provision of this Plan, development for the purpose of an advertisement on land within Zone RU1 Primary Production or Zone RU4 Primary Production Small Lots may be carried out with development consent, but only if the advertisement is for the specific purpose of directing persons to places of scientific, historic, scenic or tourist interest.
cll 6.17, 6.18: Ins 2019 (503), Sch 1[49].
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at Beach Road, Batemans Bay
(1)  This clause applies to land at Beach Road, Batemans Bay, being Lot 11, DP 124295 and Lot 11, DP 870049.
(2)  Development for the purposes of shops, office premises and public administration buildings is permitted with development consent.
2   Use of certain land at 49 Beach Road, Batemans Bay
(1)  This clause applies to land at 49 Beach Road, Batemans Bay, being Lot 2, DP 734790 and Lot 12, DP 124295.
(2)  Development for the purposes of mooring pens and moorings is permitted with development consent.
3   Use of certain land at Hanging Rock Place, Batemans Bay
(1)  This clause applies to land at Hanging Rock Place, Batemans Bay, being Lot 3, DP 1171024.
(2)  Development for the purposes of an educational establishment is permitted with development consent.
4   Use of certain land at Old Princes Highway and Crown Street, Batemans Bay
(1)  This clause applies to land at Old Princes Highway and Crown Street, Batemans Bay, being Lots 1–11, DP 18817, Lots 1–3, DP 385366, Lots 19 and 20, DP 17406, Lot 1, DP 118982, part of Lot 35, DP 801738, Lot 100, DP 1068268, Lot 1, DP 118980, Lots 18–21 and 27–31, DP 37507, Lot 12, DP 17406, Lots 1 and 2, DP 118978, Lot 1, DP 118979, Lots A and B, DP 159998, Lot 230, DP 624089, Lot 1, DP 121366, Lots 24–31 and 40, DP 758064, Lot 1, DP 118963 and Crown Land, DP 755902, identified as “1” on the Additional Permitted Uses Map.
(2)  Development for the purposes of funeral homes, information and education facilities, office premises, public administration buildings and veterinary hospitals is permitted with development consent.
5   Use of certain land at Vesper Street, Batemans Bay
(1)  This clause applies to land at Vesper Street, Batemans Bay, being Lots 14–17, 29–33 and 36, Section 3, DP 758064 and Lot 341, DP 1043224.
(2)  Development for the purposes of any development permitted in Zone E3 is permitted with development consent if the consent authority and Roads and Maritime Services are satisfied that a suitable vehicular access road to the land can be achieved in a manner that does not impede vehicular traffic movements on, or reduce the operating efficiency of, the Princes Highway.
6   Use of certain land at 11191 Princes Highway, Benandarah
(1)  This clause applies to land at 11191 Princes Highway, Benandarah, being Lot 1, DP 807108.
(2)  Development for the purposes of a service station is permitted with development consent.
7   Use of certain land at 1554 Princes Highway, Bimbimbie
(1)  This clause applies to land at 1554 Princes Highway, Bimbimbie, being Lots 21 and 22, DP 1063392.
(2)  Development for the purposes of an animal boarding or training establishment is permitted with development consent.
8   Use of certain land at Bodalla
(1)  This clause applies to land at Bodalla, being Lots 1–11, DP 32142 and Lots 12 and 13, DP 1060883.
(2)  Development for the purposes of a single dwelling on each lot is permitted with development consent, if the means of access to each lot is satisfactory to the consent authority.
9   Use of certain land at 1166 Princes Highway, Jeremadra
(1)  This clause applies to land at 1166 Princes Highway, Jeremadra, being Lot 1, DP 60785.
(2)  Development for the purpose of an extractive industry within the curtilage of the existing quarry is permitted with development consent.
10   Use of certain land at Princes Highway, Mogo
(1)  This clause applies to land at Princes Highway, Mogo, being Lot 1, DP 875990.
(2)  Development for the purposes of extractive industries within the curtilage of the existing quarry is permitted with development consent.
11   Use of certain land at Bruce Cameron Drive (Airport Road), Moruya
(1)  This clause applies to land at Bruce Cameron Drive (Airport Road), Moruya, being Lot 4, DP 1090948.
(2)  Development for the purposes of commercial, tourist, residential, industrial and recreational land uses that are related to the use of Moruya Airport is permitted with development consent.
12   Use of certain land at 97 Campbell Street, Moruya
(1)  This clause applies to land at 97 Campbell Street, Moruya, being Lot 6, DP 1089159.
(2)  Development for the purposes of industry, being specifically for a concrete batching plant, is permitted with development consent.
13   Use of certain land at 28A Evans Street, Moruya
(1)  This clause applies to land at 28A Evans Street, Moruya, being Lot 308 (SPL 1964/13), DP 752151.
(2)  Development for the purpose of serviced apartments in association with a registered club is permitted with development consent.
14   Use of certain land at North Head Drive, Moruya
(1)  This clause applies to land at North Head Drive, Moruya, being Lot 100, DP 1004180.
(2)  Development for the purposes of hotel or motel accommodation comprising 18 detached and semi-detached rooms or self-contained facilities, amenities and recreation hall, workshop and storage building, boiler house, BBQ shelter and a caretaker’s residence is permitted with development consent.
15   Use of certain land at Old Mossy Point Road, Mossy Point
(1)  This clause applies to land at Old Mossy Point Road, Mossy Point, being Lot 1, DP 1040724.
(2)  Development for the purposes of residential accommodation, consisting of no more than 90 dwellings, is permitted with development consent.
15A   Use of certain land at Wharf Street, Nelligen
(1)  This clause applies to the following parcels of land at Nelligen—
(a)  the parcel of land comprising 1 Wharf Street, being Lot 15, Section 6, DP 758762,
(b)  the parcel of land comprising 3, 5, 7 and 9 Wharf Street, being Lots 11–13, Section 6, DP 758762, Lot 1, DP 125591 and Lot 1, DP 1038903,
(c)  the parcel of land comprising 11 Wharf Street, being Lot 10, Section 6, DP 758762,
(d)  the parcel of land comprising 13 and 15 Wharf Street, being Lots 8 and 9, DP 571676,
(e)  the parcel of land comprising 17 and 19 Wharf Street, being Lots 6 and 7, Section 6, DP 758762.
(2)  Development for the purposes of a single dwelling house (and any associated bed and breakfast accommodation, health consulting rooms, home-based child care, home business, home industry or secondary dwelling) is permitted with development consent on each of the parcels of land specified in subclause (1).
16   Use of certain land at Clyde Road, North Batemans Bay
(1)  This clause applies to land at Clyde Road, North Batemans Bay, being Lot 70, DP 877865.
(2)  Development for the purposes of a building or group of buildings used for storage of a maximum of 60 boats and the undertaking of ancillary boat servicing activities is permitted with development consent.
17   (Repealed)
18   Use of certain land at 44 Tranquil Bay Place, Rosedale
(1)  This clause applies to land at 44 Tranquil Bay Place, Rosedale, being Lot 4, DP 804658.
(2)  Development for the purposes of two attached dwellings for holiday accommodation on a casual basis for the exclusive use of terminally ill persons and their families is permitted with development consent. The development must be contained within the nominated building curtilage as shown on the deposited plan.
19   Use of certain land at Old South Coast Road, South Narooma
(1)  This clause applies to land at Old South Coast Road, South Narooma, being Lot 31, DP 876114, Lots 3 and 4, DP 1042712 and Lots 4 and 5, DP 1040577.
(2)  Development for the purposes of one dwelling on each lot is permitted with development consent.
20   Use of certain land at 2–10 Ainslie Place, Tomakin
(1)  This clause applies to land at 2–10 Ainslie Parade, Tomakin, being part of Lot 33, DP 207386, identified as “2” on the Additional Permitted Uses Map.
(2)  Development for the purposes of a market and storage of items for sale at that market is permitted with development consent.
21   Use of certain land at George Bass Drive, Tomakin
(1)  This clause applies to land at George Bass Drive, Tomakin, being Lot 1, DP 881897, Lot 3, DP 843654 and Lot 221, DP 1111921.
(2)  Development for the purposes of residential accommodation, consisting of no more than 60 dwellings, is permitted with development consent.
22   Use of certain land at Trafalgar Street, Tuross Head
(1)  This clause applies to land at Trafalgar Street, Tuross Head, being Lots D–J, DP 18055, Lot K, DP 362231, Lot 1, DP 624709, Lots 1–5, DP 28921 and part of Lot 8, DP 28921, identified as “3” on the Additional Permitted Uses Map.
(2)  Development for the purposes of restaurants or cafes, take away food and drink premises and shops is permitted with development consent.
23   (Repealed)
24   Use of certain land in Zones R2, R3 and C4 at Moruya
(1)  This clause applies to land identified as “4” on the Additional Permitted Uses Map.
(2)  Development for the purposes of funeral homes, information and education facilities, office premises, public administration buildings and veterinary hospitals is permitted with development consent.
25   Use of certain land in Zones R2 and R3 at Narooma
(1)  This clause applies to land identified as “6” on the Additional Permitted Uses Map.
(2)  Development for the purposes of funeral homes, information and education facilities, office premises, public administration buildings and veterinary hospitals is permitted with development consent.
26   Use of certain land in Zone R3 at Narooma
(1)  This clause applies to land identified as “5” on the Additional Permitted Uses Map.
(2)  Development for the purposes of entertainment facilities, food and drink premises, function centres, funeral homes, information and education facilities, office premises, public administration buildings, recreation facilities (indoor) and veterinary hospitals is permitted with development consent.
27   Use of certain land at Bergalia, Central Tilba and Eurobodalla
(1)  This clause applies to—
(a)  land at Bingie Road, Bergalia, being Lot 1, DP 124914, and
(b)  land at Sherringham Lane and Princes Highway, Central Tilba, being Lots 2 and 3, DP 1196461 and Lot 401, DP 1132410, and
(c)  land at Eurobodalla Road, Eurobodalla, being Lot 3, DP 1156220.
(2)  Development for the purposes of dual occupancies and dwelling houses is permitted with development consent.
sch 1: Am 2015 (723), Sch 1 [8] [9]; 2016 (593), Sch 1 [4] [5]; 2018 (195), Sch 1 [1]; 2019 (503), Sch 1[50]–[53]; 2022 (830), Sch 1.11[14] [15] (subst 2023 (188), Sch 1.3) [16].
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.
Commercial use of public land (including waterways on public land) for personal or group training, water sports, swimming or surf schools and the like or for sightseeing or recreational tours
(1)  Must not permanently occupy the public land or waterway.
(2)  Must not involve the construction of any permanent structures on, in or above the public land or waterway.
(3)  Must only be carried out between 7 am and 7 pm any day.
Note—
The proponent must have obtained any required lease, licence or other authorisation from the relevant public authority.
Development on land within Zone C4 Environmental Living
Must be prescribed as exempt development in Part 2 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 for land within Zone RU4 Primary Production Small Lots.
Farm dams
(1)  Must be on land within Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots or Zone C4 Environmental Living.
(2)  Must be permitted or authorised under the Water Management Act 2000.
Grazing of livestock
Must be on land within Zone C2 Environmental Conservation.
Note—
Clause 3.3 prohibits the carrying out of exempt or complying development on any environmentally sensitive area for exempt or complying development (as defined in that clause).
Outdoor lighting (excluding external lighting for sports fields, tennis courts or other sporting facilities and detached external lighting other than low level garden lighting)
(1)  Must not directly light any adjoining premises, land or occupancy.
(2)  Must comply with AS 4282—Control of the Obtrusive Effects of Outdoor Lighting.
(3)  Must be used for recreational or security purposes only.
(4)  Must not be used for advertising purposes or the floodlighting or illumination of buildings or premises.
Rural outbuildings (excluding farm buildings and garden sheds) that are ancillary to an existing dwelling on the property
(1)  Maximum one permitted per property.
(2)  Must be located on land within Zone RU1 Primary Production, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU5 Village.
(3)  Maximum size 100m2 on properties equal to or greater than 2ha.
(4)  Maximum size 60m2 on properties less than 2ha.
(5)  Maximum height 6m above ground level (existing).
(6)  Must be located at least 20m from the front boundary (road) and 12m from any side or rear property boundary.
(7)  Must be located at least 40m from any natural watercourse.
(8)  Must be located below ridgelines.
(9)  Must be located at least 10m from a dwelling.
(10)  If the structure is located on bush fire prone land, the structure must be made of non-combustible materials only.
(11)  Must not be used for commercial or habitable use.
(12)  Exterior surfaces must have non-reflective finishes.
(13)  Exterior colour is to be compatible with the surrounding environment.
sch 2: Am 2015 (723), Sch 1 [10]; 2016 (593), Sch 1 [6]; 2019 (503), Sch 1[54]; 2022 (830), Sch 1.11[17] [18].
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
Note—
This Part refers to complying development not specified in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
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 as are set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
sch 3: Am 2015 (723), Sch 1 [11].
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
Batemans Bay
Lot 1, DP 44290, Beach Road
Batemans Bay
Lot 388, DP 248840, Gregory Street
Batemans Bay
Lot 21, DP 547034, 4 North Street
Catalina
Lot 25, DP 793114, Vista Avenue
Central Tilba
Lot 1, DP 240467, Station Street
Malua Bay
Lot 71, DP 601741, 521 George Bass Drive
Mogo
Lot 1, DP 1173024, Law Lane
Moruya
Part of Lot 4, DP 1090948, Bruce Cameron Drive, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
Moruya
Lot 1, DP 1042543, Church Street
Moruya
Part of Lot 45, DP 1151309, 1 Evans Street, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
Moruya
Part Lot 6, DP 792457, Luck Street
Moruya
Lot 102, DP 710162, Queen Street
Moruya
Lot 3, DP 631315, Queen Street
Narooma
Lot 13, DP 838695, Costin Street
Sunshine Bay
Lot 1, DP 363010, Beach Road
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
Batehaven
Lot 56, DP 708346, Edward Road
 
Batehaven
Part of Lot 2, DP 514468, Peter Crescent, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
 
Batemans Bay
Lot 2, DP 749983, Beach Road
 
Batemans Bay
Lot 7, DP 261619, High Street
 
Batemans Bay
Lot 101, DP 1001026, Museum Place
 
Bodalla
Lot 23, DP 787496, 3a Merriman Place
 
Broulee
Lot 58, DP 739830, 34a Iluka Street
 
Broulee
Lot 1, DP 1144366, 17 Imlay Street
 
Broulee
Lot 38, DP 718667, Train Street
 
Catalina
Part of Lot 386, DP 248840, Albatross Road, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
 
Catalina
Lot 693, DP 249461, Penguin Place
 
Dalmeny
Lot 66, DP 261646, Mummaga Lake Drive
 
Denhams Beach
Lot 13, DP 785266, White Sands Place
 
Lilli Pilli
Lot 41, DP 1061842, Bunderra Circuit
 
Lilli Pilli
Lot 88, DP 803087, Lewana Close
 
Long Beach
Lot 127, DP 1068529, 13a Litchfield Crescent
 
Maloneys Beach
Lot 14, DP 701609, Maloneys Drive
 
Maloneys Beach
Lot 246, DP 569875, Maloneys Drive
 
Malua Bay
Part of Lot 574, DP 32008, George Bass Drive, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
 
Malua Bay
Lot 1156, DP 529665, 587 George Bass Drive
 
Moruya
Lot 11, DP 771497, Jeffery Place
 
Moruya
Lot 36, DP 264448, Maclean Place
 
Moruya
Lot 11, DP 809702, 1a Panorama Parade
 
Moruya
Lot 51, DP 771497, 7–9 Pioneer Avenue
 
Moruya
Lot 17, DP 264212, corner Pollwombra and Shelley Roads
 
Moruya
DP 26279, Preddeys Wharf Road
 
Moruya
Lot 3, DP 631315, Queen Street
 
Moruya
Lot 102, DP 710162, Queen Street
 
Moruya
Lot 90, DP 713637, Rose Street
 
Moruya
Lot 18, DP 264212, Shelley Road
 
Moruya
Lot 55, DP 1075538, 42 Shelley Road
 
Narooma
Lot 21, DP 825840, 2 Chisholm Place
 
Narooma
Lot 4, DP 588769, Glasshouse Rocks Road
 
Narooma
Part of Lot 23, DP 865887, Rainforest Parkway and Flying Fox Road, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
Easement for transmission line (W752326) as noted on Certificate of Title Folio Identifier 23/865887
North Batemans Bay
Lot 2, DP 244134, Penthouse Place
 
Rosedale
Lot 249, DP 711220, 29 Tranquil Bay Place
Easement to drain water (DP 711220) as noted on Certificate of Title Folio Identifier 249/711220
Sunshine Bay
Lot 173, DP 262910, Hume Road
 
Sunshine Bay
Lot 9, DP 774356, Sunshine Bay Road
 
Surf Beach
Lot 14, DP 30365, Bayview Street
 
Surf Beach
Lot 3, DP 622389, Beach Road
 
Surf Beach
Lot 47, DP 262947, 32 Eric Fenning Drive
 
Surf Side
Lots 850–853, DP 214160, The Vista
 
Tuross Head
Lot 9, DP 776904, Brighton Street
 
Tuross Head
Lot 131, DP 15425, Jutland Avenue
 
Tuross Head
Part of Lot 22, DP 232394, Trafalgar Road, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
 
Tuross Head
Lot L, DP 362231, 95 Trafalgar Road
 
Tuross Head
Lot 277, DP 218664, Tuross Boulevard
 
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
sch 4: Am 2013 (599), Sch 1; 2014 (594), cl 5; 2016 (593), Sch 1 [7] [8]; 2018 (454), cl 5; 2020 (189), cl 5(1) (2).
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Item no
Akolele
John Young Family Vault
Bermagui Road
Lot 61, DP 752155
Local
I2
Akolele
Brauer House
306–308 Bermagui Road
Lots 3 and 4, DP 23391
Local
I306
Akolele
Merriwingah Recreation Ground
Youngs Road
Lot 7056, DP 1020203
Local
I1
Batemans Bay
Car Ferry Ramps (former)
(West of) Batemans Bay Bridge
 
Local
I167
Batemans Bay
Presbyterian Cemetery
2a Beach Road
Lot 1, DP 740584
Local
I3
Batemans Bay
Former Teacher’s Residence
8 Beach Road
Lot 2, DP 817820
Local
I4
Batemans Bay
CWA Hall/Former Public School
10 Beach Road
Lot 31, DP 861414
Local
I5
Batemans Bay
Roman Catholic Cemetery
1 Bent Street
Lot 13, Section 4, DP 758064; Lot 1, DP 126112
Local
I6
Batemans Bay
Site of Coal Bunker Wharf
Clyde Street
Lot 7030, DP 1054995
Local
I7
Batemans Bay
The Boatshed and Jetty
1c Clyde Street
DP 758064
Local
I8
Batemans Bay
Francis Guy’s Residence and Store (former)
5 and 7 Clyde Street
Lot 1, DP 1225997 and Lot 2, DP 100129
Local
I321
Batemans Bay
Former Courthouse, Police Station and Police Residence
3 Museum Place
Lot 101, DP 1001026
Local
I9
Batemans Bay
Bay View Hotel
20 Orient Street
Lot 11, DP 740977
Local
I10
Batemans Bay
Ocean View House
2 Pacific Street
Lot 256, DP 755902
Local
I264
Batemans Bay
Batemans Bay Bridge
Princes Highway
 
Local
I294
Belowra (see also Cadgee, Eurobodalla, Nerrigundah, Tinpot and Yowrie)
Byrnes, Bate And Tarlington Stock Routes
3057 Belowra Road Nerrigundah Mountain Road
DP 752163; Lot 12, DP 752160
Local
I11
Belowra
Sutherland Babies’ Grave
3070 Belowra Road
Lot 96, DP 752128
Local
I12
Belowra (see also Deua)
Bendethera Bridle Tracks
Nerrigundah Mountain Road
DP 752163; Lot 96, DP 752128
Local
I13
Benandarah
Paddle Wheel Punt
Durras Drive
Part Lot 2, DP 837898
Local
I14
Benandarah
Timber Barn
19 Durras Drive
Lot 5, DP 872584
Local
I15
Benandarah
Francis Guy’s Residence
40 Durras Drive
Lot 4, DP 872584
Local
I16
Benandarah
Hall/Former School
2 Lookout Road, Princes Highway
Lot 1, DP 657300
Local
I18
Benandarah
Guy’s Sawmill
22 Lookout Road, 40 Durras Drive
Lot 50, DP 592940; Lot 4, DP 872584
Local
I17
Benandarah
East Lynne tram line
As shown in Eurobodalla Shire Council Heritage Inventory 1997, Reference No BEND/R002, topographic map Nelligen 8926-4-S
 
Local
I21
Bendethera
Rankin Babies’ Grave
Deua River
Lot 53, DP 752142
Local
I265
Bergalia
Former Cheese Factory
Bergalia Link Road
Lot 1, DP 945498
Local
I22
Bergalia
Bergalia General Store
58 Bergalia Link Road
Lot 1, DP 159477
Local
I23
Bergalia
War Memorial
Road Reserve Corner of Beashells Lane and Bergalia Link Road
 
Local
I24
Bergalia
Lakeview Homestead including out buildings and Manager’s cottage
120 Bingie Road
Lot 84, DP 736505
State
I25
Bingie
Wreck of SS Monaro
Bingie Road
Lot 215, DP 752137
Local
I26
Bingie
Magney House
660 Bingie Road
Lot 216, DP 752137
Local
I27
Bodalla
Old Comerang Cow Bails
294 Comerang Farm Road
Lot 21, DP 12672
Local
I41
Bodalla
Bodalla Church of England Cemetery
Eurobodalla Road
Lot 1 DP 1141348
Local
I28
Bodalla
School Residence, including Washhouse and Private Yard
7 Eurobodalla Road
Lot 1, DP 1102819
Local
I29
Bodalla
Heffernan’s Hill Residence
142–157 Eurobodalla Road
Lot 3, DP 794098
Local
I30
Bodalla
Princes Highway Alignment (former)
North from Dairy Shed
 
Local
I307
Bodalla
Mort’s Quarry
Potato Point Road
Part Lot 16, DP 752131
Local
I266
Bodalla
War Memorial
Princes Highway
Lot 41, DP 13566
Local
I288
Bodalla
Old Trunketabella Cheese Factory
15 Princes Highway
Lot 7, DP 835139
Local
I31
Bodalla
All Saints Anglican Church
48 Princes Highway
Lot 21, DP 752131
Local
I32
Bodalla
Bodalla Cottage
56 Princes Highway
Lot 39, DP 13566
Local
I298
Bodalla
Garage (former)
56 Princes Highway
Lot 39, DP 13566
Local
I308
Bodalla
All Saints Rectory (former)
59 Princes Highway
Lot 1, DP 32142
Local
I267
Bodalla
Bakery Oven
66 Princes Highway
Lot 44, DP 13566
Local
I33
Bodalla
Post Office and Residence
66a Princes Highway
Lot 1, DP 997476
Local
I34
Bodalla
Bodalla Arms Hotel
73–77 Princes Highway
Lot 1, DP 1194082
Local
I35
Bodalla
Former Commercial Bank of Australia
73–77 Princes Highway
Lot 29, DP 13566
Local
I36
Bodalla
Secretary’s Residence
80 Princes Highway
Lot 2, DP 830129
Local
I285
Bodalla
Head Family Cottage (former)
83 Princes Highway
Lot 31, DP 13566
Local
I309
Bodalla
Former Bodalla Company Estate, Doctor’s/ Manager’s Residence
84 Princes Highway
Lot 86, DP 584733
Local
I37
Bodalla
Police Station and Lock-Up
96–100 Princes Highway
Lot 1, DP 176147
Local
I38
Bodalla
Former Catholic Presbytery
157 Princes Highway
Lot 30, DP 561292
Local
I39
Bodalla
St Edmunds and Our Lady Star Of The Sea Catholic Church
162 Princes Highway
Lot 1, DP 1143199
Local
I40
Bodalla
Old Riverview Cow Bails
Redex Road
Lot 6, DP 752132
Local
I42
Broulee
Mrs Abraham Maleber’s Grave
Broulee Island
Lot 1189, DP 1188374
Local
I43
Broulee
Erin-Go-Bragh Hotel Site
Broulee Island
Lot 1189, DP 1188374
Local
I44
Broulee
Rail Tracks on Former Jetty
Broulee Island
Lot 1189, DP 1188374
Local
I45
Broulee
Site of Mount Oldrey Homestead
207 Broulee Road
Lot 3, DP 1013077
Local
I46
Broulee
Aboriginal Canoe Tree
George Bass Drive
Within the road reserve, south of Broulee Road
Local
I47
Buckenbowra
Browne’s Hut and Stockyard Memorial
1188–1190 Buckenbowra Road
Lot 13, DP 777171
Local
I49
Buckenbowra
Corn Trail
Kings Highway
Lot 14, DP 1196039
Local
I50
Buckenbowra
Heinrick Thomsen’s Grave
Quartpot Road
Lot 66, DP 755969
Local
I51
Cadgee
Cadgee Church (former)
2568 Eurobodalla Road
Lot 43, DP 752135
Local
I302
Cadgee
Cadgee Post Office (remains of former)
River Road
Lot 28, DP 752156
Local
I303
Cadgee
Forest Home School
River Road
Lot 56, DP 752156
Local
I310
Cadgee
Cadgee Butter Factory
Wattlegrove Road
Lot 8, DP 752135
Local
I301
Cadgee
Old Cadgee Homestead
Wattlegrove Road
Lot 14, DP 752135
Local
I272
Cadgee (see also Belowra, Eurobodalla, Nerrigundah, Tinpot and Yowrie)
Byrnes, Bate and Tarlington Stock Routes
Wattlegrove Road
Lots 1, 2, 4, 6, 14 and 40, DP 752135
Local
I11
Central Tilba
Corner Shop
1 Bate Street
Lot 100, DP 842311
Local
I311
Central Tilba
Bates’ General Store
2 Bate Street
Lot 6, Section 2, DP 3166
Local
I52
Central Tilba
War Memorial
Road Reserve adjacent to 2 Bate Street
 
Local
I60
Central Tilba
School of Arts (Little Hall)
3 Bate Street
Lot 1, DP 919316; Lot 1, DP 919977
Local
I53
Central Tilba
School of Arts (Large Hall)
3a Bate Street
Lot 16, Section 3, DP 3166
Local
I54
Central Tilba
Bates General Store (former)
7–9 Bate Street
Lots 13 and 14, Section 3, DP 3166
Local
I295
Central Tilba
Former General Store
11 Bate Street
Lot 12, Section 3, DP 3166
Local
I55
Central Tilba
Former Slab Residence
13 Bate Street
Lot 11, Section 3, DP 3166
Local
I56
Central Tilba
Dromedary Hotel
14 Bate Street
Lot 1, Section 2, DP 3166
Local
I57
Central Tilba
Kemps Shop (former)
17 Bate Street
Lot 99, DP 705929
Local
I255
Central Tilba
Residence
23 Bate Street
Lot 6, Section 3, DP 3166
Local
I279
Central Tilba
Former Butcher’s Shop and Curtilage
25, 27 and 29 Bate Street
Lots 3–5, Section 3, DP 3166
Local
I58
Central Tilba
ABC Cheese Factory
37 Bate Street
Lot 120, DP 789836
Local
I59
Central Tilba
Yaringah Farm Houses
10 Corkhill Drive and 8456 Princes Highway
Lot H, DP 18411; Lot G, DP 18411
Local
I61
Central Tilba
Methodist Church
32 Corkhill Drive
Lot 2, DP 548985
Local
I62
Central Tilba
Former Police House and Doctor’s Residence
47 Corkhill Drive
Lot 2, DP 843471
Local
I63
Central Tilba
Former Court House
49 Corkhill Drive
Lot 1, DP 843471
Local
I64
Central Tilba
Central Tilba Primary School
89 Corkhill Drive
Lot 1, DP 795357
Local
I65
Central Tilba
Bellbrook Farm Buildings
106 Corkhill Drive
Lot 16, DP 807992
Local
I66
Central Tilba
Marshmead Farm House and Buildings
141 Corkhill Drive
Lot 2, DP 1039689
Local
I67
Central Tilba
Henkley Homestead and Farm Buildings
Haxstead Road
Lot 1, DP 1221617
Local
I68
Central Tilba
W E Secombe Grave
Haxstead Road
Lot 3, DP 1221617
Local
I69
Central Tilba
Lake View Gold Mine
Haxstead Road
Lot 2171, DP 600164
Local
I70
Central Tilba
Lustleigh Park Farmhouse
Haxstead Road
Lot 1, DP 1196461; Part Lot 2, DP 1235983
Local
I71
Central Tilba
Tilba Tilba District Cemetery
Haxstead Road
Lot 7051, DP 1052698
Local
I72
Central Tilba
Albert Read’s Grave
85 Haxstead Road
Lot 12, DP 1190088
Local
I73
Central Tilba
Haxstead Homestead
131–133 Haxstead Road
Lot 8, DP 852736
Local
I74
Central Tilba
Haxstead Silo
131–133 Haxstead Road
Lot 8, DP 852736
Local
I305
Central Tilba
Mount Dromedary Water Supply Reservoir
Princes Highway
DP 752155; Part Gulaga National Park and Part Bodalla State Forest
Local
I77
Central Tilba
Mount Pleasant Farm Buildings
46 Punkalla Tilba Road
Lot 122, DP 1066032
Local
I78
Central Tilba
Glenrock Farm House and Buildings
123–125 Punkalla Tilba Road
Lots A and B, DP 33792
Local
I80
Central Tilba
Former Henkley Dam
58 Sherringham Lane
Lot 1, DP 1141051
Local
I75
Central Tilba
Sherringham Farmhouse and Silos
198–244 Sherringham Lane
Lot 4, DP 583678
Local
I76
Coila
Red Washed Grain Silo
Princes Highway
Lot 5, DP 263981
Local
I81
Coila
Davis Family Presbyterian Church
4017 Princes Highway
Lot 96, DP 1134972
Local
I330
Coila
Presbyterian Church
4017 Princes Highway
Lot 96, DP 1134972
Local
I82
Congo
Maria Thompson’s Grave
Congo Road
DP 751151
Local
I83
Corunna
Corunna Diggings and Mine
(South edge of) Corunna Lake
DP 752155
Local
I48
Corunna
Corunna Recreation Ground and Velodrome
Mystery Bay Road
Lot 306, DP 752155
Local
I84
Corunna
Corunna Cemetery
Old Highway
Lot 291, DP 752155
Local
I85
Dalmeny
Roman Catholic Church
26 Lonsdale Parade
Lot 214, DP 25668
Local
I86
Deua
Alpine Homestead
Neringla Road
Lot 6, DP 752142
Local
I88
Deua (see also Belowra)
Bendethera Bridle Tracks
Nerrigundah Mountain Road
Lots 21a and 22a, DP 752134; Lots 2, 3, 4 and 20, DP 752142; Lots 2–5, DP 752138; Lots 1 and 2, DP 752159; DP 755945
Local
I13
Deua
Stone Bakery Oven
Wamban Road
Lot 1, DP 752159
Local
I89
Deua
George Family Member’s Grave
Wamban Road
Lot 1, DP 752159
Local
I90
Deua
Water Race (former)
Wamban Road
Lot 1, DP 752159
Local
I91
Dignams Creek
Dignams Creek Post Office (former)
9473 Princes Highway
Lot 369, DP 752155
Local
I92
Dignams Creek
Bottin Family Graves
1071 Reedy Creek Road
Lot 40, DP 752145
Local
I219
Eurobodalla
Charles Harpur and Son’s Graves
Eurobodalla Road
Lot 7300, DP 1146051
Local
I93
Eurobodalla
Home Farm Cheese Factory
149 Eurobodalla Road
Lot 1, DP 520313
Local
I94
Eurobodalla
Remains of Former School of Arts
1043 Eurobodalla Road
Lot 180, DP 771740
Local
I95
Eurobodalla
Waterhole Flat Homestead
1188 Eurobodalla Road
Lot 1, DP 752145
Local
I291
Eurobodalla
Reedy Creek Stone Road Supports
Reedy Creek Road
 
Local
I292
Eurobodalla (see also Belowra, Cadgee, Nerrigundah, Tinpot and Yowrie)
Byrnes, Bate and Tarlington Stock Routes
178 Reedy Creek Road
Lot 49, DP 752145
Local
I11
Eurobodalla
Former Post Office
12–18 Waincourt Road
Lot 9, DP 252742
Local
I96
Guerilla Bay
World War II Radar Station Number 17
Burri Point Road
Lot 7023, DP 1122598
Local
I97
Kiora
The Wattles Residence
Araluen Road (The Wattles)
Lot 2, DP 733067
Local
I290
Kiora
Kiora Cemetery
478 Araluen Road
Lot 4, DP 192733
Local
I99
Kiora
Kiora Homestead
486 Araluen Road
Lot 1, DP 521895
Local
I98
Kiora
Former Cheese Factory
495–497 Araluen Road
Lot 1, DP 607096
Local
I100
Malua Bay
Slab Hut (Rosebud Farmhouse)
520 Dunns Creek Road
Lot 2, DP 1217131
Local
I101
Mogo
Wallace Herbarium
Deep Creek Dam Drive
DP 755902
Local
I318
Mogo
The York Engine
2–26 James Street
Part of Lot 87, DP 1007611
Local
I323
Mogo
Kelly’s Gold Mine
Princes Highway
DP 755902
Local
I102
Mogo
Mogo Cemetery
Princes Highway
Lot 7323, DP 1162462
Local
I103
Mogo
Former Gold Counting House
874 Princes Highway
Lot 1, DP 124928
Local
I104
Mogo
Former Catholic Church
24–22 Sydney Street
Lot 70, DP 755902
Local
I106
Mogo
Residence and Shop
25 Sydney Street
Lot 45, DP 771699
Local
I107
Mogo
Former Inn, Residence and Post Office
34–36 Sydney Street
Lot 761, DP 807011
Local
I108
Mogo
Cottage
37–39 Sydney Street
Lots 581 and 582, DP 740411
Local
I105
Mogo
Former Digger’s Store
42 Sydney Street
Lot 1, Section 6, DP 758688
Local
I109
Mogo
Former Inn and Post Office
44 Sydney Street
Lot 2, Section 6, DP 758688
Local
I110
Mogo
Public School and Teacher’s Residence
64–72 Sydney Street
Lot 63, DP 755902
Local
I111
Montague Island
Montague Island Lightstation
Road on Montague Island
Lot 2, DP 788421
State
I181
Moruya
Interwar Bungalow
24 Campbell Street
Lot 11, DP 111634
Local
I281
Moruya
Residence
44 Campbell Street
Lot 20B, DP 371177
Local
I280
Moruya
Former Post Office
52 Campbell Street
Lot 111, DP 814792
Local
I112
Moruya
Stables (behind former Post Office)
52A Campbell Street
Lot 112, DP 814792
Local
I287
Moruya
Residence (former)
54 Campbell Street
Lot 48, DP 778735
Local
I283
Moruya
Residence
55 Campbell Street
Lot 11, DP 998655
Local
I113
Moruya
Former Merchant of Moruya and Moruya Examiner Building
56 Campbell Street
Lot 22, DP 543431
Local
I114
Moruya
Prospect Residence
56 Campbell Street
Lot 22, DP 543431
Local
I115
Moruya
Vivian Cottage
60 Campbell Street
Lot 41, DP 610525
Local
I116
Moruya
Former Private Hospital
62 Campbell Street
Lot 81, DP 613866
Local
I117
Moruya
Former Shire Offices
67–71 Campbell Street
Lot 1, Section 28, DP 758710
Local
I118
Moruya
Abernethy & Co Stonemason’s Lathe
85 Campbell Street
Lot 1, DP 1161705
State
I293
Moruya
Emmott House and Gibson House
85 and 87 Campbell Street
Lots 1 and 2, DP 608571
Local
I119
Moruya
Sundial
89 Campbell Street
Lot 2, DP 1161705
Local
I120
Moruya
Girl Guide Hall/Former Newstead Public School
Campbell Street, 13 Evans Street
Lots 1 and 2, Section 45, DP 758710
Local
I121
Moruya
Luck’s Cemetery
1 Cutharich Street
Lot 2, DP 833143
Local
I258
Moruya
Moruya Airport World War II Installations
111 Donnelly Drive and Bruce Cameron Drive (Airport Road)
Lots 41 and 42, DP 1036166; Lot 10, DP 771575; Lot 4, DP 1090948
Local
I122
Moruya
Cemeteries
Dwyers Creek Road
Lots 1, 2 and 3, Section 45, DP 752151
Local
I123
Moruya
Donkey Hill Gold Mine
Dwyers Creek Road
Lot 7306, DP 1166059
Local
I124
Moruya
Hunt’s Gold Mine and Battery
Dwyers Creek Road
Lot 1, DP 1220075
Local
I125
Moruya
Little Gem Mine
Dwyers Creek Road
Lot 456, DP 1007851
Local
I257
Moruya
Moruya Silver Mine
Dwyers Creek Road
Lot 1, DP 1220075
Local
I324
Moruya
Public School
16–28 Evans Street
Lot 1, DP 1228804
Local
I126
Moruya
Residence
29 Evans Street
Lot 20, DP 580660
Local
I127
Moruya
St Stephens Presbyterian Church
31 and 31A Evans Street
Lot 11, Section 26, DP 758710; Lot 1, DP 125447
Local
I128
Moruya
Federation Bungalow
7 Fitzroy Street
Lot 11, DP 1165453
Local
I312
Moruya
Old Tidal Swimming Pool
Ford Street (Riverside Park)
Lot 304, DP 752151
Local
I274
Moruya
Former Cheese Factory
57 Hawdon Street
Lot 11, DP 1149894
Local
I129
Moruya
Former Gundary Hotel
63 Hawdon Street
Lot 1, DP 125177
Local
I130
Moruya
Shannon View
21 Larrys Mountain Road
Lot 1, DP 950539
Local
I131
Moruya
Glenellen Farmhouse
400 Larrys Mountain Road
Lot 19, DP 245532
Local
I313
Moruya
Glenduart Cemetery
Maclean Place
Lot 21, DP 246754
Local
I132
Moruya
North Sea Wall
Moruya River
 
Local
I270
Moruya
Former Bakery
8, 10 and 12 North Head Drive
Lots 2, 3 and 4, DP 211794
Local
I133
Moruya
McCredie’s Quarry and Wharf
285 North Head Drive
Lot 3, DP 1175983; DP 755963
Local
I325
Moruya
Granitetown Cottage
297 North Head Drive
Lot 12, DP 599653
Local
I134
Moruya
Ziegler’s Quarry
306 North Head Drive
Lot 1, DP 1190622
Local
I326
Moruya
Moruya Quarry, Site and Structures
330 North Head Drive
Lots 1 and 2, DP 595314; Lot 8, DP 904847
Local
I135
Moruya
Former Watch-House
3 Page Street
Lot 701, DP 1019731
Local
I136
Moruya
Uniting Church
7 Page Street
Lot 2, DP 17507
Local
I137
Moruya
Former Moruya Examiner Office
8 Page Street
Lot 2, DP 81710
Local
I138
Moruya
Former Powerhouse
10 Page Street
Lot 1, DP 999817
Local
I139
Moruya
RSL Memorial Hall
11 Page Street
Lot 53, DP 738419
Local
I140
Moruya
Former Mechanics Institute
13 Page Street
Lot 52, DP 738419
State
I141
Moruya
Former Ziegler House
15 Page Street
Lot 1, DP 712483
Local
I142
Moruya
St John’s Anglican Church Group, comprising Church, Rectory and Former School
15a Page Street
Lots 2 and 3, DP 861020; Lot 2, Section 21, DP 758710; Lot 1, DP 861020
Local
I143
Moruya
Masonic Hall
16 Page Street
Lot 1, DP 195766
Local
I144
Moruya
Federation-style Residence
17 Page Street
Lot 1, DP 196758
Local
I87
Moruya
Residence
19 Page Street
Lot 1, DP 745402
Local
I145
Moruya
Residence
21 Page Street
Lot 1, DP 782787
Local
I146
Moruya
Residence
23 Page Street
Lot 1, DP 783612
Local
I147
Moruya
Residence
4 Princes Highway
Lot 1, DP 799144
Local
I277
Moruya
Residence
6 Princes Highway
Lot 1, DP 745699
Local
I278
Moruya
Residence
12 Princes Highway
Lot 6, Section 1, DP 977256
Local
I284
Moruya
Residence (setback behind garage)
14 Princes Highway
Lot 7, Section 1, DP 977256
Local
I282
Moruya
Brick Silo
2537 Princes Highway
Lot 1, DP 125577
Local
I299
Moruya
Catholic Church, Presbytery, Convent and School Group
Queen Street
Lots 1–3, DP 1184190
Local
I148
Moruya
Moruya Traders Building
39 Queen Street
Lot 1, DP 503218
Local
I262
Moruya
Former Club House Hotel
43 Queen Street
Lot 16, DP 774456
Local
I149
Moruya
Former Kildare Hotel
51 Queen Street
Lot 101, DP 710162
Local
I150
Moruya
Mylott’s Bakery (former)
57–59 Queen Street
Lot 40, DP 875862
Local
I263
Moruya
The Boatshed
Vulcan Street
South river shore, west of Moruya Bridge
Local
I289
Moruya
Adelaide Hotel
36–38 Vulcan Street
Lot 1, DP 826354
Local
I151
Moruya
Retail Store
42 Vulcan Street
Lots 1 and 2, DP 1017071
Local
I152
Moruya
Monarch Hotel
50 Vulcan Street
Lot 1, DP 730657
Local
I261
Moruya
Former Commonwealth Bank
51 Vulcan Street
Lot 2, DP 807857
Local
I153
Moruya
Former Bank of New South Wales
59 Vulcan Street
Lot 1, DP 125506; Lot D, DP 403684
Local
I154
Moruya
Former Commercial Banking Company
60 Vulcan Street
Lot 100, DP 731106
Local
I155
Moruya
Court House Residence
65 Vulcan Street
Lot 9, Section 11, DP 758710
Local
I156
Moruya
Former Garnet Chewying Building
66, 68, 70 and 72 Vulcan Street
Lots 7 and 8, DP 1003486
Local
I157
Moruya
Air Raid Tavern/Former Keatings Hotel Site
73 Vulcan Street
Lot 10, DP 711342
Local
I158
Moruya
Former Amusu Theatre
78 Vulcan Street
Lot 11, DP 1003486
Local
I159
Moruya
Francis Hill Gold Mine
Wamban Road
DP 752151
 
I160
Moruya
Coman Family Graves
126 Wamban Road
Lot 1, DP 250960
Local
I161
Moruya Heads
Moreton Bay Fig Tree
7 and 9 Albert Street
Lots 11 and 12, Section 1, DP 37295
Local
I162
Moruya Heads
Former Granite Town Cottage
13 Albert Street
Lot 14, DP 634362
Local
I163
Moruya Heads
Toragy Point Cemetery
Elizabeth Street
Lot 300a, DP 752151
Local
I164
Moruya Heads
Wharf Remnant, Mooring Ring and Sea Wall
Elizabeth Street
DP 752151
Local
I165
Moruya Heads
Old Pilot Station and Mast of the Trident
2 Elizabeth Street
Lot 424, DP 44312
Local
I166
Moruya Heads
Louttit’s Quarry, Wharf and Roadway
Spinnaker Place
Lot 117, DP 752151
Local
I168
Moruya Heads
Spike Tree
Spinnaker Place
Lot 120, DP 752151
Local
I169
Mossy Point
Anchor Monument
Annetts Parade
Lot 362, DP 15396
Local
I170
Mossy Point
The Wreck of the Rover Memorial
Annetts Parade
Lot 7311, DP 1147050
Local
I171
Mossy Point
Breakwater
Annetts Parade
DP 755963
Local
I172
Mossy Point
Former Timber Mill Getter’s Hut
36 Annetts Parade
Lot 299, DP 15396
Local
I173
Mossy Point
Amaroo Residence
127 Annetts Parade
Lot 14, DP 237051
Local
I175
Mossy Point
Remnant Rural Fencing
147 Annetts Parade
Lot 72, DP 15396
Local
I176
Mossy Point
Former RAAF Hut
167 Annetts Parade
Lot 64, DP 15396
Local
I177
Mossy Point
Greengates Residence
175 Annetts Parade
Lot D, DP 412078; Lot B, DP 413288
Local
I178
Mossy Point
Shops
1 Surfside Avenue
Lot 284, DP 15396
Local
I179
Mystery Bay
Mystery Bay Memorial
Lamont Young Drive
Lot 1, DP 125750
Local
I180
Narooma
Three Graves, Narooma Golf Course
3 Ballingalla Street
Lot 7007, DP 1122328
Local
I182
Narooma
Pilot Station
1 Bar Rock Road
Lot 855, DP 40275
Local
I275
Narooma
Pilots Wharf and Boatshed remains
Bluewater Drive, Part reserve 69965
Lot 7313, DP 1166286
Local
I183
Narooma
Wharf Pylon
Bluewater Drive
Lot 891, DP 729182
Local
I184
Narooma
Narooma Soldiers Memorial School of Arts
92 Campbell Street
Lot 2, DP 519890
Local
I185
Narooma
Court House
100 Campbell Street
Lot 7057, DP 1057698
Local
I186
Narooma
Cemetery
Cemetery Road
Lot 7306, DP 1132153; Lot 7064, DP 1054955
Local
I187
Narooma
Narooma Primary School
19 Montague Street
Lot 915, DP 821650
Local
I188
Narooma
Kianga Provisional School Building
19 Montague Street
Lot 1, Section 12, DP 758754
Local
I189
Narooma
Ruins of Thomas Forster’s Residence
Old Highway
Part Lot 1, DP 1205970
Local
I320
Narooma
Light from Montague Island
Princes Highway
Lot 7011, DP 1055108
Local
I256
Narooma
Memorial Tree of first Wagonga School
Princes Highway
Lot 108, DP 107729
Local
I260
Narooma
Narooma Reservoir
Princes Highway
Lot 1, DP 884085
Local
I268
Narooma
Carter’s House
44 Princes Highway
Lot 3, DP 786249
Local
I304
Narooma
Headmaster’s Residence (former)
253 Princes Highway
Lot A, DP 367304
Local
I319
Narooma (see also North Narooma)
Log Ramps (Skids), Wagonga Inlet
2 Ringlands Road
Lot 454, DP 752155; Lot 6, DP 794333; DP 759032
Local
I191
Narooma
Former Cheese Factory
34 Ringlands Road
Lot 598, DP 752155
Local
I190
Narooma
Boatsheds on Forsters Bay
Riverside Drive
 
Local
I297
Narooma
Rock Training Walls
Wagonga Inlet Map reference 241000E to 242000E, 5988000N AMG, Narooma 8925-4-S
 
Local
I192
Narooma
St Phillips Cemetery
Wagonga Scenic Drive
Lot 399, DP 752155
Local
I193
Narooma
Wagonga Cemetery
Wagonga Scenic Drive
Lots 1 and 2, DP 725543
Local
I194
Narooma
War Memorial Clock
Wagonga Street
DP 758754
Local
I195
Narooma
Two 2-storey Buildings Group
120 Wagonga Street
Lot 12, DP 349329
Local
I314
Narooma
Shop
123 Wagonga Street
Lot 2, DP 207494
Local
I286
Narooma
Uniting Church Group comprising Church, Parsonage and Fence
134 Wagonga Street
Lot 8, Section 5, DP 758754
Local
I196
Narooma
Lynch’s Hotel
135 Wagonga Street
Lot 1, DP 125773
Local
I259
Nelligen
Bushranger’s Tree
Braidwood Street
Lot 7011, DP 1055178
Local
I300
Nelligen
Soldiers Memorial
Braidwood Street
Lot 4, Section 4, DP 758762
Local
I197
Nelligen
Mechanics Institute
3 Braidwood Street
Lot 5, Section 5, DP 758762
Local
I198
Nelligen
Former Post Office
7 Braidwood Street
Lot 1, DP 519317
Local
I199
Nelligen
Former Schoolhouse
11 Braidwood Street
Lot 6, Section 4, DP 758762
Local
I200
Nelligen
Former Police Station
13 Braidwood Street
Lot 5, Section 4, DP 758762
Local
I201
Nelligen
Court House
15 Braidwood Street
Lot 2, Section 4, DP 758762
Local
I202
Nelligen
Nelligen Church of England Cemetery
28 Braidwood Street
Lot 11, DP 734504
Local
I269
Nelligen
Cemetery
Runnyford Road
Lots 2 and 7, DP 34654; Lot 84, DP 1140911
Local
I203
Nelligen
St Joseph’s Roman Catholic Church
1 Runnyford Road
Lot 100, DP 736716
Local
I204
Nelligen
Ferry Master’s Residence
Thule Road
Lot 64, DP 755933
Local
I315
Nelligen
Punt Loading Site
Thule Road
Reserve No 15646
Local
I276
Nelligen
Old Steam Packet Hotel
5–7 Wharf Street
Lots 12 and 13, Section 6, DP 758762
Local
I273
Neringla
Woolla Homestead
1880 Neringla Road
Lot 87, DP 752150
Local
I205
Nerrigundah
William Fletcher Grave
Belowra Road
Lot 12, Section 6, DP 758765
Local
I206
Nerrigundah
Original Nerrigundah Cemetery
Byrnes Street
Lots 8–11, Section 6, DP 758765; Part Lots 12 and 13, Section 6, DP 758765
Local
I207
Nerrigundah
Catholic Church
6 Byrnes Street
Lot 1, DP 917501
Local
I208
Nerrigundah
Chinese Oven
Eurobodalla Road
Lot 68, DP 752156
Local
I209
Nerrigundah
Constable Miles O’Grady Monument
Road Reserve junction of Moruya and Gulph Streets
 
Local
I210
Nerrigundah
Pollock’s General Store
6–8 Gulph Street
Lot 5, Section 3, DP 758765
Local
I212
Nerrigundah
Kings Battery Little Belimbla Creek Mine Site
Nerrigundah Mountain Road
DP 752163
Local
I213
Nerrigundah
Coman’s Mine
Nerrigundah Mountain Road
DP 752163
Local
I214
Nerrigundah
Concrete Dam
Nerrigundah Mountain Road
DP 752163
Local
I215
Nerrigundah
Nerrigundah Cemetery
823 Nerrigundah Mountain Road
DP 752156
Local
I327
Nerrigundah (see also Belowra, Cadgee, Eurobodalla, Tinpot and Yowrie)
Byrnes, Bate and Tarlington Stock Routes
Wattlegrove Road
Lot 1, DP 116116; Lot 7003, DP 1126188; Lots 15, 27 and 53, DP 752135; Lot 3, DP 752147; DP 752163
Local
I11
Nerrigundah
Residence
9 William Street
Lot 1, Section 10, DP 758765
Local
I216
North Narooma
Lucky Old Chief and Royal Oak Mines
Rifle Range Pit Road
Lot 174, DP 752162
Local
I217
North Narooma (see also Narooma)
Log Ramps (Skids), Wagonga Inlet
313 Riverview Road
Lot 34, DP 752162
Local
I191
Potato Point
Wharf and Sawmill Truck Remains
Long Point Street
Lot 59, DP 208932
Local
I218
Rosedale
Rosedale Fishing Cabins
16 Knowlman Road
Lot 71, DP 612285
Local
I220
Runnyford
May’s Landing, Wray’s Wharf Site
Mays Road
Lot 7001, DP 1020736
Local
I221
Runnyford
Wrayville House
Mays Road
Lot 48, DP 755938; Lot 7001, DP 1020736
Local
I328
Runnyford
Runnyford Homestead
1183 Runnyford Road
Lot 132, DP 755969
Local
I222
South Durras
McMillan’s Sawmill, Wharf and Skids
Foreshore adjoining and on, Banyandah Street, at southern end of Mill Beach
Lot 311, DP 1202989
Local
I223
South Durras
Durras Lake Loading Ramp
Durras Lake Road
Part of DP 755904
Local
I316
South Durras
Myrtle Beach-Wasp Head Geological Site
Approximately 20 hectares of land between Mill Beach and Myrtle Beach, comprising rock platforms and adjacent coastal cliffs to the low water mark (Refer to Register of the National Estate Database No 000999)
 
Local
I224
Tilba Tilba
Chinese Drystone Wall
Corkhill Drive
Lot 2, DP 1017506
Local
I329
Tilba Tilba
Marengo Farm House
Corkhill Drive
Lot B, DP 940888
Local
I225
Tilba Tilba
Greenacres Farm House
229 Corkhill Drive
Lot 1, DP 191518
Local
I226
Tilba Tilba
Holy Trinity Church
242 Corkhill Drive
Lots 87 and 88, DP 752155
Local
I227
Tilba Tilba
Residence
254 and 256 Corkhill Drive
Lots 1–4, Section 1, DP 3351
Local
I228
Tilba Tilba
Former Stables
258 Corkhill Drive
Lots 5–7, Section 1, DP 3351
Local
I229
Tilba Tilba
Former Post Office
263 Corkhill Drive
Lot 2, DP 614884
Local
I230
Tilba Tilba
Former Tilba Tilba Hotel, Milton’s Hotel
265 Corkhill Drive
Lot 442, DP 1180207
Local
I231
Tilba Tilba
Post Office (former)
266 Corkhill Drive
Part Lot 183, DP 1125875
Local
I317
Tilba Tilba
Former Tilba Tilba Store
266 Corkhill Drive
Part Lot 183, DP 1125875
Local
I232
Tilba Tilba
Kitty’s House
267 and 269 Corkhill Drive
Lot 13, DP 790759; Lot 4, DP 3351
Local
I233
Tilba Tilba
Former Butcher’s Shop
270 Corkhill Drive
Lot 2, DP 1123629
Local
I234
Tilba Tilba
Former Temperance Hall
271 Corkhill Drive
Lot 441, DP 1180207
Local
I235
Tilba Tilba
Foxglove Spires Residence and Garden
282 Corkhill Drive
Part Lot 1, DP 1152145
Local
I236
Tilba Tilba
Former Post Office
9067 Fairview Road
Lot 1, DP 128676
Local
I237
Tilba Tilba
Mountain View Homestead Farm Buildings and Garden
Mount Dromedary Trail, The Avenue
Lots 11 and 12, DP 1117213; Lot 1, DP 720023
Local
I238
Tilba Tilba
Mountain View Farm Cottage and Farm Buildings
11 Mount Dromedary Trail
Lot 1, DP 1168246
Local
I271
Tilba Tilba
Glen Luna Residence
8727–8729 Princes Highway
Lot 45, DP 1171177
Local
I239
Tilba Tilba
Mountain Valley Farm Cottage
8727–8729 Princes Highway
Lot 45, DP 1171177
Local
I240
Tilba Tilba
Former Agricultural Showground Hall
8727–8729 Princes Highway
Lot 7, DP 1176656
Local
I241
Tilba Tilba
Former Cheese Factory
8731 Princes Highway
Lot 1, DP 521590
Local
I242
Tilba Tilba
Southam Graves
9069 Princes Highway
Lot 2, DP 578862
Local
I243
Tinpot (see also Belowra, Cadgee, Eurobodalla, Nerrigundah, and Yowrie)
Byrnes, Bate and Tarlington Stock Routes
Reedy Creek Road
Lots 52 and 162, DP 752145; DP 752155
Local
I11
Tinpot
Port Philip Neddie’s Grave
Wattlegrove Road
Lot 76, DP 752145
Local
I244
Tomakin
Melville Point Cemetery Memorial
Red Hill Parade
Lot 353, DP 211966
Local
I245
Tuross Head
Hector McWilliam’s Memorial Cairn
Birdwood Circle
Lot 491, DP 505292
Local
I254
Tuross Head
Tuross House and Norfolk Island Pine Tree
18 Coral Crescent
Lot 12, DP 1145125
Local
I246
Tuross Head
Timber Cottage
23 Hawkins Road
Lot 21, DP 15425
Local
I247
Tuross Head
Kyla Park Grazing Lands
Hector McWilliam Drive
Lots 75–77, DP 260321; Lots 1–3, DP 1081596
Local
I248
Tuross Head
Tuross House Barn
221 Hector McWilliam Drive
Lot 1, DP 258730
Local
I249
Tuross Head
St David’s Presbyterian Church
277 Hector McWilliam Drive
Lot 181, DP 15425
Local
I250
Tuross Head
Old Tuross Bakery
10 Hood Crescent
Lot 1, DP 1159384
Local
I251
Tuross Head
Eva Mylott Memorial
Jutland Avenue
DP 752137
Local
I252
Tuross Head
Norfolk Island Pine Planting
Tarandore Point
Part of Lot 1, DP 569490
Local
I322
Yowrie (see also Belowra, Cadgee, Eurobodalla, Nerrigundah and Tinpot)
Byrnes, Bate and Tarlington Stock Routes
Wattlegrove Road Belowra Road
DP 752160; Lots 11, 14, 15 and 31, DP 752160
Local
I11
Part 2 Archaeological sites
Suburb
Item Name
Address
Property description
Significance
Item no
Bendethera
Bendethera Homestead Site
Dampier Mountain Fire Trail
Lot 1, DP 752159
Local
A24
Bodalla
Brou House Site
81 Brou Lake Road
Lot 11, DP 706971
Local
A26
Bodalla
Deraquin House Site
Princes Highway
Lot 163, DP 752131
Local
A2
Bodalla
Bodalla to Wagonga Tramway
Princes Highway (approximately)
 
Local
A25
Broulee Bay
Wreck of the John Penn
Map reference 245600E, 6028300N, AMG Mogo 8926-111-N
 
Local
A21
Buckenbowra
Old Bolaro Road
Old Bolaro Road
Lot 32, DP 755908; Lot 40, DP 755908
Local
A3
Buckenbowra
Shoebridge Track
Quart Pot Fire Trail
 
Local
A23
Cadgee
Ruins of Gulph Creek Dredge
Wattlegrove Road
Lot 8, DP 752135
Local
A4
Central Tilba
Monzonite Quarries
37 and 57 Punkalla Tilba Road
Lot 3 and 2, DP 626641
Local
A5
Currowan
Starch Factory Site
The River Road
Lot 7, Section 14, DP 758328
Local
A6
Currowan
Ship Building Site
560 The River Road
Lot 29, DP 755930
Local
A7
Deua River Valley
Man Made River Cutting
Araluen Road
DP 755945
Local
A8
Mogo
Old Church of England Cemetery
2 Church Street
Lot 540, DP 792575
Local
A28
Moruya
Site of Braemar Farm, formerly comprising Farmhouse and Outbuildings, and Bunya Pine
Dr King Close and 4 Braemar Drive
Lot 40, DP 1237961 and Part Lot 2, DP 1212271
Local
A11
Moruya
Stubbs Battery Site and Weir
Dwyers Creek Road
Lot 7302, DP 1146147
Local
A27
Moruya
Remains of Granitetown
North Head Drive
Lot 2, DP 595314; Lot 92, DP 631493
Local
A9
Moruya
Site of Sunnybank Residence
Princes Highway
Lot 61, DP 1014094
Local
A10
Moruya Heads
Wreck of Sand Barge
North Head Drive Malabar Creek, Map reference 238800E, 6022800N, AMG Moruya 8926-3-S
 
Local
A22
Moruya Heads
Illawarra Steam Navigation Company Wharf Remnant
Preddeys Wharf Road
Lot 1, DP 1061092
Local
A12
Moruya Heads
Shipyard Site
The Anchorage
Lot 125, DP 752151
Local
A13
Narooma
Stone Quarry
Centenary Drive
Lot 2, DP 125738
Local
A29
Narooma
Remains of McMillan’s Mill
2 Ringlands Road
Lot 454, DP 752155
Local
A15
Narooma
Old Ferry Approaches and Crossing
Riverside Drive
Lot 7319, DP 1166668; Lot 225, DP 726737
Local
A16
Narooma
Wagonga Wharf Site
Wagonga Scenic Drive
Lot 7012, DP 1056264
Local
A17
Nelligen
Convict Road
Bolaro State Forest
DP 755969
Local
A18
Nerrigundah
Water Race
Gulph Creek Road
Lot 3, DP 1206836; Lot 7300, DP 1129141
Local
A30
Tuross Head
Kyla Park Farm Remnants
8 Hawdons Cove
Lot 8, DP 259656
Local
A20
Part 3 Heritage conservation areas
Description
Identification on Heritage Map
Significance
Hanging Rock
Shown by yellow edging and labelled “AH2”
Local
Stoney Creek—Brou Lake
Shown by yellow edging and labelled “AH3”
Local
Bengello Creek
Shown by yellow edging and labelled “AH4”
Local
Najanuka
Shown by yellow edging and labelled “AH5”
Local
Barlings Beach and Island Complex (includes Intertidal Zone and Foreshore)
Shown by yellow edging and labelled “AH6”
Local
Grandfathers Gully and Beach
Shown by yellow edging and labelled “AH7”
Local
Malabar Lagoon
Shown by yellow edging and labelled “AH8”
Local
Melville Point Geological Site
Shown by red hatching and labelled “C1”
Local
Moruya Showground (Grandstand and Exhibits Pavilion)
Shown by red hatching and labelled “C9”
Local
Bodalla Conservation Area
Shown by red hatching and labelled “C15”
Local
Pedro Swamp
Shown by yellow edging and labelled “AH10”
Local
Smyth’s Oval
Shown by yellow edging and labelled “AH11”
Local
Cullendulla Creek
Shown by yellow edging and labelled “AH12”
Local
Barlings Beach
Shown by yellow edging and labelled “AH13”
Local
Tilba Conservation Area
Shown by red hatching and labelled “C14”
Local
Brierley’s Boat Ramp
Shown by yellow edging and labelled “AH14”
Local
sch 5: Am 2014 (711), Sch 1 [2]–[11]; 2015 (723), Sch 1 [12]–[29]; 2016 (593), Sch 1 [9] [10]; 2018 (195), Sch 1 [2]–[17]; 2019 (503), Sch 1[55]–[78]; 2023 (588), Sch 1.
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 Eurobodalla Local Environmental Plan 2012 Acid Sulfate Soils Map.
Additional Permitted Uses Map means the Eurobodalla Local Environmental Plan 2012 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—
(aaa)  agritourism,
(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.
agritourism means the following—
(a)  farm gate premises,
(b)  farm experience premises.
Note—
Agritourism is a type of agriculture—see the definition of that term in this Dictionary.
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)  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,
(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, with access to communal amenities, used for the short term placement of campervans, tents, annexes or other similar portable and lightweight temporary shelters for accommodation and includes a primitive camping ground but does not include—
(a)  a caravan park, or
(b)  farm stay accommodation.
canal estate development—see clause 2.9.
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 an area of land, with access to communal amenities, used for the installation or placement of caravans, or caravans and other moveable dwellings, but does not include farm stay accommodation.
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 farm gate 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 farm means a farm on which agriculture is undertaken that is—
(a)  on land categorised as farmland under the Local Government Act 1993, section 515, or
(b)  a primary production business within the meaning of the Income Tax Assessment Act 1997 of the Commonwealth, or part of a primary production business, including a business that—
(i)  was a primary production business, and
(ii)  has temporarily ceased to be a primary production business because of a natural disaster, including a drought, flood or bush fire.
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 Eurobodalla 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 Density Map means the Eurobodalla Local Environmental Plan 2012 Dwelling Density Map.
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 experience premises means a building or place—
(a)  on a commercial farm, and
(b)  ancillary to the farm, and
(c)  used to provide visitors to the farm, on a commercial basis, with small-scale and low-impact tourist or recreational activities, including the following, but not including motor sports—
(i)  horse riding,
(ii)  farm tours,
(iii)  functions or conferences,
(iv)  farm field days.
Note—
Farm experience premises are a type of agritourism—see the definition of that term in this Dictionary.
farm gate premises—
(a)  means a building or place—
(i)  on a commercial farm, and
(ii)  ancillary to the farm, and
(iii)  used to provide visitors to the farm, on a commercial basis, with agricultural products predominantly from the farm, supplemented by products from other farms in the region, or with services or activities related to the products, including the following—
(A)  processing, packaging and sale of the products, but not the processing of animals,
(B)  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,
(C)  tastings or workshops,
(D)  the provision of information or education related to the products, and
(b)  includes cellar door premises.
Note—
Farm gate premises are a type of agritourism—see the definition of that term in this Dictionary.
farm stay accommodation means a building or place—
(a)  on a commercial farm, and
(b)  ancillary to the farm, and
(c)  used to provide temporary accommodation to paying guests of the farm, including in buildings or moveable dwellings.
Note—
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 Eurobodalla Local Environmental Plan 2012 Floor Space Ratio Map. [Not adopted. See clause 4.4.]
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 Eurobodalla Local Environmental Plan 2012 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 Eurobodalla Local Environmental Plan 2012 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 Eurobodalla Local Environmental Plan 2012 Land Application Map.
Land Reclassification (Part Lots) Map means the Eurobodalla Local Environmental Plan 2012 Land Reclassification (Part Lots) Map.
land release area means land identified as “land release area” on the Land Release Area Map.
Land Release Area Map means the Eurobodalla Local Environmental Plan 2012 Land Release Area Map.
Land Reservation Acquisition Map means the Eurobodalla Local Environmental Plan 2012 Land Reservation Acquisition Map.
Land Zoning Map means the Eurobodalla Local Environmental Plan 2012 Land Zoning Map.
landholding means an area of land—
(a)  constituted or worked as a single property, and
(b)  if comprising more than 1 lot—the lots are—
(i)  contiguous, or
(ii)  separated only by a road or watercourse.
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 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 Eurobodalla Local Environmental Plan 2012 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.
manufactured home has the same meaning as in the Local Government Act 1993.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities—
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes—
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows—
moveable dwelling means—
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, 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.
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.
primitive camping ground means a camping ground approved under the Local Government Act 1993, Chapter 7, Part 1 as a primitive camping ground.
Note—
Primitive camping ground is a type of camping ground—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 Infrastructure Buffer Map means the Eurobodalla Local Environmental Plan 2012 Public Infrastructure Buffer Map.
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 infrastructure, in relation to a land release area, means infrastructure for any of the following—
(a)  the supply of water,
(b)  the disposal and management of waste,
(c)  the disposal and management of sewage.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act—
(a)  railway, road transport, water transport, air transport, wharf or river undertakings,
(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes—
(a)  a children’s playground, or
(b)  an area used for community sporting activities, or
(c)  a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
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, but does not include the preparation and serving of food and drink to people that occurs as part of—
(a)  an artisan food and drink industry, or
(b)  farm gate premises.
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), (b)    (Repealed)
(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 farm gate premises, 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 Eurobodalla Local Environmental Plan 2012 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.
Note—
Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—
(a)  a large area for handling, display or storage, or
(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Note—
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note—
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment, 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.
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.
Wetlands Map means the Eurobodalla Local Environmental Plan 2012 Wetlands Map.
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 2016 (593), Sch 1 [11]; 2019 (503), Sch 1[79]; 2020 (67), cl 5(3).
Maps: Am 2012 (466), cl 4; 2013 (19), cl 4; 2013 (599), cl 4; 2014 (594), cl 4; 2014 (620), cl 4; 2014 (711), cl 4; 2015 (723), cl 4; 2016 (109), cl 4; 2016 (593), cl 4; 2017 (278), cl 4; 2018 (195), cl 4; 2018 (454), cl 4; 2019 (10), cl 4; 2019 (11), cl 4; 2019 (503), cl 5; 2020 (67), cl 4; 2020 (189), cl 4; 2020 (563), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.