Central Darling Local Environmental Plan 2004

Part 1 Preliminary

1 Name of plan

This plan is Central Darling Local Environmental Plan 2004.

2 Aims of plan

The aims of this plan are:

(a)  to encourage the proper management, development and conservation of natural and other resources within the local government area of Central Darling by protecting, enhancing and conserving the following:

(i)  agricultural land,

(ii)  timber, minerals, soil, water and other natural resources,

(iii)  places and areas of significance for nature conservation, including habitat of threatened species, populations and ecological communities and areas of native vegetation,

(iv)  features and places of high scenic or recreational value,

(v)  places and buildings of archaeological, cultural or heritage significance, including Aboriginal relics and places,

(vi)  waterways and associated wetlands for habitat, refuge, breeding sites, recreation, cultural and scenic values, and

(b)  to improve the attractiveness and civic image of the local government area of Central Darling and its townships and villages by:

(i)  improving the appearance of and facilities in open space areas, and

(ii)  improving the streetscape throughout the townships, villages and entrances, and

(iii)  to encourage the relocation of inappropriate industrial activities away from residential areas, and

(c)  to facilitate growth and development of the local government area of Central Darling in a manner that is consistent with the aims specified in paragraph (a) and that:

(i)  minimises the cost to the community of fragmented and isolated development of land, and

(ii)  facilitates the efficient and effective delivery of amenities and services, and

(iii)  facilitates a range of residential and employment opportunities in accordance with demand, and

(iv)  facilitates farm adjustments and redevelopment, and

(v)  ensures that the efficiency of arterial roads is not adversely affected by development on adjacent land, and

(vi)  encourages a mix of land use types where such uses are compatible, and

(vii)  provides for orderly development of tourist activity, and

(d)  to provide flexible planning controls to assist the Council in its administration of planning, and

(e)  to provide suitably zoned land so as:

(i)  to increase employment opportunities through the efficient management of resources including the expansion of the tourist industry, and

(ii)  to provide opportunities for industrial development, employment, and economic and enterprise growth, and

(iii)  to provide for minor expansion of township areas to meet future urban growth needs, and

(iv)  to minimise conflict due to inappropriate land uses adjoining each another, and

(f)  to facilitate a reasonable standard of development, and

(g)  to encourage a built environment and amenity that is attractive to visitors, residents and investors, and that retains the special character of each of the townships to which this plan applies, and

(h)  to promote development of the townships of Menindee (and environs including Copi Hollow and Sunset Strip), Ivanhoe (including Railtown), Wilcannia, and White Cliffs and the village of Tilpa as rural service communities, and

(i)  to permit compatible development and subdivision in the existing dugout area near the township of White Cliffs that will not adversely impact on the character of the locality or the township.

cl 2: Am 2010 (706), Sch 1 [1].

3 Definitions

(1)  The Dictionary at the end of this plan defines words and expressions for the purposes of this plan.

(2)  In this plan:

(a)  a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and

(b)  a reference to a map is a reference to a map deposited in the office of the Council and available for inspection during office hours.

(3)  Notes in this plan are provided for guidance and do not form part of this plan.

cl 3: Subst 2010 (706), Sch 1 [2].

4 Land to which plan applies

This plan applies to all land within the local government area of Central Darling as shown on the map, with the boundaries indicated on the map.

5 Amendment of Western Division Regional Environmental Plan No 1—Extractive Industries

Western Division Regional Environmental Plan No 1—Extractive Industries is amended by inserting “Central Darling Local Environmental Plan 2004” in alphabetical order in Schedule 1.

6 Adoption of Model Provisions

(1)  The Environmental Planning and Assessment Model Provisions 1980, except for:

(a)  the definitions of terms defined in the Dictionary at the end of this plan, and

(b)  clause 7 of Schedule 1,

are adopted for the purposes of this plan.

(2)  For the purpose of this plan, the Environmental Planning and Assessment Model Provisions 1980 are to be read as if Schedule 1 included the following:

  

(a)  The carrying out of works or other development by or on behalf of a public authority for the purposes of the provision or development or maintenance of recreational areas, recreation facilities, landscaping or gardening.

(b)  The carrying out of works by or on behalf of the Department of Rural Fire Service for the purposes of bushfire hazard reduction.

cl 6: Am 2010 (706), Sch 1 [3] [4].

7 Consent authority

The Council is the consent authority for the purposes of this plan, subject to the Act.

Part 2 Zones

8 Zones indicated on the map

For the purposes of this plan, land to which this plan applies is within a zone specified below if the land is shown on the map in the manner specified below in relation to the zone:

Zone No 1 (a) (Rural Zone)—edged heavy black and lettered “1 (a)”

Zone No 1 (c) (Rural Small Holdings Zone)—edged heavy black and lettered “1 (c)”

Zone No 2 (t) (Township Zone)—edged heavy black and lettered “2 (t)”

Zone No 8 (a) (National Parks Zone)—edged heavy black and lettered “8 (a)”

Zone SP1 Special Activities—edged heavy black and lettered “SP1 (Dugouts)”

cl 8: Am 2010 (706), Sch 1 [5].

9 Zone objectives and Development Control Table

(1)  The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.

(2)  Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the development (if any) that:

(a)  may be carried out without development consent, and

(b)  may be carried out only with development consent, and

(c)  is prohibited,

is specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3)  Except as otherwise provided by this plan, the consent authority must not grant consent to the carrying out of development on land to which this plan applies unless the consent authority is of the opinion that the carrying out of the development is consistent with the objectives of the zone in which the development is proposed to be carried out.

Development Control Table

Note—

A type of development referred to in the Development Control Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this plan applies:

State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

State Environmental Planning Policy (Infrastructure) 2007 (relating to public facilities such as those for air transport, correction, education, electricity generation, health services, ports, railways, roads, waste management and water supply systems)

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

State Environmental Planning Policy (Rural Lands) 2008

State Environmental Planning Policy No 33—Hazardous and Offensive Development

State Environmental Planning Policy No 50—Canal Estate Development

State Environmental Planning Policy No 62—Sustainable Aquaculture

State Environmental Planning Policy No 64—Advertising and Signage

Zone No 1 (a)   (Rural Zone)

1 Objectives of zone

The objective of the zone is to promote the proper management and utilisation of resources by:

(a)  protecting, enhancing and conserving:

(i)  agricultural land in a manner that sustains its efficient and effective agricultural production potential, and

(ii)  soil stability by controlling and locating development in accordance with soil and land capability, and

(iii)  forests of existing and potential commercial value for timber production, and

(iv)  valuable deposits of minerals, coal, petroleum and extractive materials by controlling the location of development for other purposes in order to ensure the efficient extraction of those deposits, and

(v)  trees and other native vegetation on environmentally sensitive land where the conservation of the vegetation is significant to scenic amenity, recreation and protected and threatened species, populations or ecological communities or their habitats (including corridors) or is likely to control land degradation, and

(vi)  water resources for use in the public interest, and

(vii)  areas of significance for nature conservation, including areas with rare, threatened and protected plant species, populations or communities (including native grasslands), wetlands and significant wildlife habitats and corridors, and

(viii)  heritage items and items of archaeological significance, and

(b)  fostering development of land for purposes other than agriculture to allow for income diversification, provided that any such development does not conflict with agriculture and does not place a burden on the community (such as through infrastructure requirements) without recompense, and

(c)  facilitating farm adjustments, and

(d)  minimising the cost to the community of:

(i)  fragmented and isolated development of rural land, and

(ii)  providing, extending and maintaining public amenities and services.

2 Without development consent

Development for the purpose of:

environmental protection works; extensive agriculture; farm buildings; forestry (other than pine plantations); home occupations; roads.

3 Only with development consent

Development for the purpose of:

neighbourhood shops; any other development not included in item 2 or 4.

4 Prohibited

Development for the purpose of:

dugouts; multi dwelling housing; residential flat buildings; shops; vehicle sales or hire premises.

Zone No 1 (c)   (Rural Small Holdings Zone)

1 Objectives of zone

The objectives of the zone are:

(a)  to promote development of land identified as suitable for rural residential or hobby farm purposes:

(i)  in accordance with the need for that development, and

(ii)  in a manner that does not unduly interfere with the efficient and effective agricultural and irrigated agricultural use of adjacent land or the extraction of valuable deposits of minerals, and

(iii)  in a manner that does not result in undue inefficiency in the provision of services and facilities, and

(b)  to provide a range and mixture of allotment sizes:

(i)  to meet various individual needs, and

(ii)  to ensure that the density of development carried out is compatible with land capability (including soil resources and soil stability), natural constraints and hazards of the land, and

(c)  to conserve trees and other native vegetation where the conservation of the vegetation is significant to retain scenic amenity or natural habitat or is likely to control land degradation, and

(d)  to enable a range of light industrial and business land uses to be carried out in association with the rural residential or hobby farm use of the land where those industrial or business uses are compatible with the environmental capability of the land and the amenity of the area, and

(e)  to allow for light industrial and service uses that are compatible with adjacent land uses and are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for residential use.

2 Without development consent

Development for the purpose of:

extensive agriculture; home occupations.

3 Only with development consent

Development for the purpose of:

intensive plant agriculture; neighbourhood shops; any other development not included in item 2 or 4.

4 Prohibited

Development for the purpose of:

boarding houses; correctional centres; dugouts; extractive industries; hazardous industries; heavy industries; intensive livestock agriculture; liquid fuel depots; multi dwelling housing; offensive industries; residential flat buildings; shops; vehicle sales or hire premises; waste or resource management facilities.

Zone No 2 (t)   (Township Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to promote development in existing township areas that is compatible with their rural service function, and

(b)  to preserve the general residential character and amenity of township areas, and

(c)  to allow for non-residential uses that are compatible with adjacent land uses and are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for residential use, and

(d)  to facilitate the provision of a range of residential accommodation appropriate to the diverse needs of the community, and

(e)  to facilitate the relocation of animal chillers, industrial and transport-related activities to more appropriate zones, and

(f)  to encourage tourist-related activities to establish in appropriate locations, and

(g)  to conserve and protect heritage items and the natural environment, and

(h)  to provide a full range of personal, commercial, cultural and social services to the community in appropriate locations, while protecting the character and amenity of township areas, and

(i)  to allow for commercial and retail uses or service and retail uses that are compatible with adjacent land uses and are unlikely to adversely affect residential amenity or place demands on public utility services beyond the level reasonably required for other service, commercial and retail uses, and

(j)  to provide an attractive, compact, safe and convenient shopping and commercial precinct, and

(k)  to encourage a commercial environment that is attractive to tourists and visitors, and

(l)  to prevent activities or industries that, by reason of noise, odour or other impact, detract from the amenity of the area, and

(m)  to allow for light industrial and service uses that are compatible with adjacent land uses and are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for residential use, and

(n)  to facilitate the provision of a range of employment opportunities appropriate to the diverse needs of the community.

2 Without development consent

Development for the purpose of:

home occupations.

3 Only with development consent

Any development not included in item 2 or 4.

4 Prohibited

Development for the purpose of:

dugouts; extractive industries; hazardous industries; intensive livestock agriculture; offensive industries; waste or resource management facilities.

Zone No 8 (a)   (National Park Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to promote the proper management and utilisation of resources by protecting, enhancing and conserving:

(i)  national parks, wildlife and nature reserve land in a manner that sustains its efficient and effective potential and use of those lands under the National Parks and Wildlife Act 1974, and

(ii)  soil stability by controlling and locating development in accordance with soil and land capability, and

(iii)  forests of existing and potential value for conservation purposes, and

(iv)  trees and other native vegetation on environmentally sensitive areas where the conservation of vegetation is significant to scenic amenity or natural wildlife habitat or is likely to control land degradation, and

(v)  water resources for use in the public interest, and

(vi)  areas of significance for nature conservation including areas with rare plants, wetlands and significant habitat, and

(vii)  items of heritage and archaeological significance, and

(b)  to allow a full range of activities and facilities associated with leisure, sports and recreation.

2 Without development consent

Any development authorised by or under the National Parks and Wildlife Act 1974.

3 Only with development consent

Nil.

4 Prohibited

Any development not included in item 2.

Zone SP1   Special Activities

1 Objectives of zone

The objectives of the zone are:

(a)  to provide for special land uses that are not provided for in other zones, and

(b)  to provide for sites with special natural characteristics that are not provided for in other zones, and

(c)  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, and

(d)  to encourage tourist and retail uses of dugouts that are compatible with and maintain the dugout character and amenity of the zone, and

(e)  to permit subdivision of existing dugout development in the area within Zone SP1 Special Activities, and

(f)  to ensure development in the zone is provided with basic utility services, and

(g)  where dugouts are to be used for habitable purposes—to ensure they are suitable for, and capable of, habitation.

2 Without development consent

Development for the purpose of:

home occupations.

3 Only with development consent

Development for the purpose of:

depots; earthworks; environmental facilities; environmental protection works; extractive industries; home-based child care; home businesses; home industries; home occupation (sex services); recreation areas; recreation facilities (outdoor); research stations; residential accommodation; retail premises (only in conjunction with opal mining); tourist and visitor accommodation; water reticulation systems.

4 Prohibited

Development for the purpose of:

farm stay accommodation; hotel or motel accommodation; neighbourhood shops; pubs; serviced apartments; any other development not included in item 2 or 3.

cl 9, table: Am 2010 (706), Sch 1 [6]–[14].

10 Certain development not restricted or prohibited by this plan

Nothing in this plan prohibits, restricts or requires development consent for or allows the consent authority to prohibit or restrict, the use of existing buildings of the Crown by the Crown or the carrying out of any development under clause 35 of the Environmental Planning and Assessment Model Provisions 1980.

Part 3 Special provisions

11 General considerations for development in Zone No 1 (a)

(1)  The consent authority must not consent to the carrying out of development in Zone No 1 (a) unless it has taken into consideration, if relevant, the impact of carrying out that development on:

(a)  the present and potential use of the land for the purpose of agriculture,

(b)  the present and potential use of the land for the purpose of mining,

(c)  vegetation, timber production, land capability (including soil resources and soil stability) and water resources (including the quality and stability of water courses and ground water storage and riparian rights),

(d)  the protection of areas of significance for nature conservation or of high scenic or recreational value,

(e)  the protection of places and buildings of heritage significance, including Aboriginal relics and places,

(f)  the cost of providing, extending and maintaining public amenities and services to the site of the proposed development,

(g)  any future expansion of settlement in the locality,

(h)  the present and potential use of the land for the purpose of tourism,

(i)  the availability, cost and practicability of constructed road access to the site of the proposed development, and

(j)  the potential for flooding of the land.

(2)  Before granting consent to the carrying out of development in Zone No 1 (a), the consent authority must take into consideration the relationship of the proposed development to adjoining land and development or landuse in the locality.

cl 11: Am 2010 (706), Sch 1 [15].

12 Subdivision of land generally

(1)  Land to which this plan applies must not be subdivided without the consent of the consent authority.

(2)  The consent authority must not consent to a subdivision of land within Zone No 1 (a) or 1 (c) unless it has obtained all of the relevant information in relation to, and made an assessment of the following:

(a)  the primary purpose for which each allotment to be created by the subdivision is intended to be used,

(b)  whether any allotment to be created by the subdivision is intended to be used primarily for the purpose of agriculture,

(c)  whether a dwelling is intended to be erected on any allotment to be created by the subdivision and the approximate location of any such dwelling,

(d)  the availability of constructed road access within a dedicated road reserve to all allotments to be created by the subdivision.

(3)  The consent authority must not consent to the subdivision of land if the consent authority is of the opinion that:

(a)  the intended use of the land will require basic utility services, and

(b)  the land will not be adequately provided with such services.

cl 12: Am 2010 (706), Sch 1 [16].

13 Subdivision for the purpose of agriculture in Zone No 1 (a)

(1)  This clause applies to land within Zone No 1 (a).

(2)  The consent authority may consent to the creation of an allotment of any size that has no dwelling if the consent authority is satisfied that the allotment is intended to be used for the purpose of agriculture.

(3)  Consent must not be granted to the creation of an allotment that has no dwelling unless the consent authority has considered the following:

(a)  whether basic utility services to the proposed allotment can be provided economically if the consent authority considers such services to be necessary,

(b)  whether an adequate water supply is available to the proposed allotment,

(c)  whether adverse on-site and off-site impacts on the environment and any other sector of the community have been minimised,

(d)  whether the proposed use is financially viable and ecologically sustainable.

(4)  Consent may be granted to the creation of an allotment that has a dwelling if the consent authority is satisfied that:

(a)  the proposed allotment is intended to be used for the purpose of agriculture, and

(b)  the proposed allotment will have an area of not less than 2000 hectares (in the case of an extensive agricultural use, other than intensive plant agriculture) or 20 hectares (in the case of intensive plant agriculture).

(5)  Consent must not be granted to the creation of an allotment that has a dwelling unless the consent authority has considered the following:

(a)  the effect on the existing and potential capability of the land and adjacent land to produce food or fibre or to be used for other agricultural purposes,

(b)  the effect of a proposed use on adjoining existing development,

(c)  the effect of the proposed use on the natural environment including water resources.

cl 13: Am 2010 (706), Sch 1 [17]–[19].

14 Subdivision for other purposes in Zone No 1 (a)

(1)  The consent authority must not consent to an application to subdivide land within Zone No 1 (a) if any allotment to be created by the subdivision will, in the opinion of the consent authority, be used primarily for a purpose other than extensive agriculture, intensive plant agriculture or a dwelling unless, in the opinion of the consent authority, the area of each allotment to be created by the subdivision is appropriate having regard to the purpose for which it is being created and the layout of each lot.

(2)  Nothing in subclause (1) prevents the consent authority from granting consent to an application to subdivide land that will, in the opinion of the consent authority, be used for a purpose other than extensive agriculture, intensive plant agriculture or a dwelling, if the consent authority is satisfied that:

(a)  the purpose for which the allotment is proposed to be used involves the supply of goods or services for which there is a demand in the locality, including tourism related services, and

(b)  no other land in the locality could reasonably be used for the purpose, and

(c)  the level of demand for the goods and services that are to be supplied from the allotment and the extent to which that allotment is proposed to be used to meet that demand justifies the creation of the proposed allotment despite its agricultural value, and

(d)  sufficient area is available on the allotment for the proper treatment and disposal of liquid effluent wastes in accordance with any standard published by Standards Australia that the consent authority considers relevant.

cl 14: Am 2010 (706), Sch 1 [20] [21].

15 Subdivision for the purpose of dwellings in Zone No 1 (c)

(1)  The consent authority must not consent to an application to subdivide land within Zone No 1 (c) unless the area of each allotment intended, in the opinion of the consent authority, to be created for the purpose of a dwelling house has an area of 1 hectare or more.

(2)  The consent authority must not grant consent to any such subdivision of land unless it has taken into consideration the following:

(a)  the land capability (including soil resources and soil stability), natural constraints and hazards of the land to be subdivided in relation to the density and layout of the proposed allotments to be created,

(b)  the desirability of providing a range and mixture of allotment sizes,

(c)  whether sufficient area is available on the allotment for the proper treatment and disposal of septic and liquid effluent wastes to the satisfaction of the consent authority and in accordance with any standard published by Standards Australia that the consent authority considers relevant,

(d)  the availability or feasibility of a constructed road access to a dedicated road reserve,

(e)  the availability of water supply,

(f)  whether the design of each allotment to be created by the subdivision is satisfactory for the economic provision of other basic utility services.

cl 15: Am 2010 (706), Sch 1 [22].

16 Subdivision for the purpose of dwellings in Zone No 2 (t) and Zone No SP1

(1)  The consent authority must not consent to an application to subdivide land within Zone No 2 (t) unless each allotment that the consent authority is satisfied will be used for the purpose of a dwelling house has an area of:

(a)  at least 450 square metres, where reticulated sewerage is available, or

(b)  at least 1,000 square metres (or such lesser area as, in the opinion of the consent authority, can contain a dwelling and sufficient open space area to enable proper treatment and disposal of liquid wastes in a waste treatment system), where reticulated sewerage is not available.

(2)  The consent authority must not consent to an application to subdivide land within Zone No 2 (t) or Zone No SP1 unless each allotment to be created by the subdivision will be provided with constructed road access to a dedicated road reserve, and the consent authority has considered:

(a)  whether an adequate water supply is available to each allotment, and

(b)  whether other basic utility services can be provided to each allotment economically.

(3)  Land in Zone No SP1 Special Activities may be subdivided with development consent.

(4)  The maximum number of lots that may be created by subdividing land in Zone No SP1 Special Activities must not exceed the total number of areas that were subject to a licence granted under the Crown Lands Act 1989 at the commencement of Central Darling Local Environmental Plan 2004 (Amendment No 1).

cl 16: Am 2010 (706), Sch 1 [22]–[24].

17 Dwellings in Zone No 1 (a)

(1)  The consent authority must not consent to the erection of a dwelling on land within Zone No 1 (a) unless:

(a)  the land has an area of:

(i)  20 hectares or more, where the consent authority is satisfied that the land is, and will continue to be, used for intensive plant agriculture, or

(ii)  2,000 hectares or more, where the consent authority is satisfied that the land is, and will continue to be, used for extensive agriculture, or

(b)  the land comprises:

(i)  an allotment created in accordance with this plan for a purpose other than extensive agriculture or intensive plant agriculture, or

(ii)  an allotment created in accordance with a consent granted before the appointed day, being an allotment on which a dwelling house could have been lawfully erected immediately before the appointed day, or

(iii)  an existing holding.

(2)  In this clause:

existing holding means:

(a)  except as provided by paragraph (b), the area of a holding, lot, lease, portion or parcel of land as it was at the appointed day,

(b)  if, as at the appointed day, a person owned or leased two or more adjoining holding, lots, leases, portions, or parcels of land, the combined area of those lots, leases, portions or parcels as they were at the appointed day.

cl 17: Am 2010 (706), Sch 1 [22] [25]–[27].

18 Dwellings in Zone No 1 (c)

A person must not erect a dwelling on land within Zone No 1 (c) unless:

(a)  the land has an area of 1 hectare or more, and

(b)  the dwelling house is 25 metres or more from any land within Zone No 1 (a), and

(c)  each allotment is provided with a safe and practicable constructed road to a dedicated road reserve, and

(i)  an adequate water supply is available to each allotment, and

(ii)  other basic utility services can be provided to each allotment economically.

cl 18: Am 2010 (706), Sch 1 [22].

18A Dugouts in Zone No SP1 Special Activities

(1)  This clause applies to land in Zone No SP1 Special Activities.

(2)  Despite any other provision of this plan, development consent must not be granted to the use of land to which this clause applies for any of the following purposes unless the consent authority is satisfied that the development will be predominantly located in a dugout:

(a)  residential accommodation,

(b)  home-based child care,

(c)  home business,

(d)  home industry,

(e)  home occupation (sex services),

(f)  retail premises (only in conjunction with opal mining),

(g)  tourist and visitor accommodation.

(3)  Before granting development consent under this clause, the consent authority must be satisfied that the dugout will have:

(a)  sufficient rock strength and support for its size, and

(b)  sufficient ventilation, lighting and emergency lighting, and

(c)  an adequate water supply (both potable and for fire fighting), and

(d)  adequate fire safety measures, and

(e)  an operational on-site sewage treatment plant, and

(f)  an adequate drainage system for surface runoff, and

(g)  the appropriate number of entries and exits, and

(h)  a safe and practicable constructed access road to a dedicated road reserve, and

(i)  the satisfactory provision of basic utility services.

cl 18A: Ins 2010 (706), Sch 1 [28].

19 Erection of additional dwellings in Zones Nos 1 (a) and 1 (c)

(1)  The consent authority may consent to the erection of 1 additional dwelling on land within Zone No 1 (a) or 1 (c) (or to the alteration of an existing dwelling on the land to create 2 dwellings) if:

(a)  the additional dwelling is a rural worker’s dwelling or is a dwelling to be occupied by a relative of the owner of the land, and

(b)  no additional access to a public road is required from the land, and

(c)  in the opinion of the consent authority, the dwelling will not interfere with the purpose for which the land is being used, and

(d)  adequate provision is made for effluent disposal.

(2)  The consent authority must not consent to the subdivision of the land on which an additional dwelling is erected in pursuance of this clause except in accordance with this plan.

(3)    (Repealed)

cl 19: Am 2010 (706), Sch 1 [29].

20 Erection of replacement dwelling houses in Zones Nos 1 (a) and 1 (c)

The consent authority may consent to the erection of a dwelling house on land in Zone No 1 (a) or No 1 (c) on which a dwelling house already exists if the dwelling house to be erected is intended only to replace the existing dwelling house, and the consent authority is satisfied that:

(a)  the replacement dwelling house will not be used as a dwelling until the existing dwelling house is demolished, or

(b)  the occupation of the existing dwelling house has permanently ceased and the existing dwelling house has been rendered uninhabitable, or

(c)  consent has been granted by the consent authority to a change of use of the existing dwelling house to another permissible use.

cl 20: Am 2010 (706), Sch 1 [22]. Subst 2010 (706), Sch 1 [30].

21 Dual occupancy in Zone No 2 (t)

(1)  Subject to this clause, the consent authority may consent to:

(a)  the erection of 2 dwellings on a parcel of land within Zone No 2 (t) on which no dwelling exists, or

(b)  the erection of 1 additional dwelling on a parcel of land within Zone No 2 (t) on which a single dwelling exists, or

(c)  the alteration of an existing dwelling to create 2 dwellings on a parcel of land within Zone No 2 (t) on which a single dwelling exists.

(2)  The consent authority must not grant such consent unless:

(a)  where the dwellings are to be connected to the sewage reticulation system—the land has an area greater than:

(i)  450 square metres, where the dwellings are proposed to be attached, or

(ii)  650 square metres, where the dwellings are proposed to be detached, and

(b)  where domestic liquid effluent is to be disposed of on site—the consent authority is satisfied that liquid effluent can be disposed of on site in an environmentally acceptable and sustainable manner, and

(c)  the dwellings are provided with constructed access to a dedicated road reserve.

cl 21: Am 2010 (706), Sch 1 [31].

22 Solid waste facilities on land Zoned 1 (a)

(1)  A solid waste facility may be constructed on land within Zone No 1 (a) without consent if the facility:

(a)  is on the same allotment as a dwelling and the allotment has an area of not less than 40 hectares, and

(b)  is not to receive any other waste than that generated on the allotment on which it is located, and

(c)  is not placed in an environmentally sensitive area, and

(d)  is more than 200 metres from the dwelling, and

(e)  is more than 500 metres from each public road and each boundary and more than 200 metres from each waterway, if any, and

(f)  is to be constructed with a purpose built hole that will prevent the entry of surface water, and

(g)  is to receive less than 3 tonnes of waste per year, and

(h)  is not to be used for contaminated or hazardous waste,

(i)  is not on flood liable land.

(2)  In this clause:

solid waste facility means a self-contained waste disposal site for putrescible waste from rural dwellings.

23 Development applications that must be advertised

The following development is identified as advertised development for the purposes of the Act:

(a)  the demolition of a heritage item,

(b)  the carrying out of development of the kind specified in Schedule 4,

(c)  the carrying out of any development allowed by clause 35.

24 Development along arterial roads

(1)  The consent authority must not consent to carrying out of development on land that has frontage to an arterial road, unless, in the opinion of the consent authority, the safety and efficiency of the arterial road will not be adversely effected by:

(a)  the design of the access to the proposed development, or

(b)  the emission of smoke or dust from the proposed development, or

(c)  the nature, volume or frequency of vehicles using the arterial road to gain access to the proposed development.

(2)    (Repealed)

cl 24: Am 2010 (706), Sch 1 [32].

25 Environmentally sensitive land

(1)  The objectives of this clause are:

(a)  to reduce soil erosion and other land degradation, and

(b)  to reduce the loss of scenic amenity, and

(c)  to reduce the loss of important vegetation systems or wildlife habitats.

(2)  The consent authority must not consent to carrying out of development on environmentally sensitive land unless it is satisfied that:

(a)  the development is consistent with the objectives of this clause, and

(b)  effective measures have been incorporated into the proposed development to minimise the impact on the land.

(3)  Before granting consent to carrying out of development on environmentally sensitive land, the consent authority must consider the impact of the development on the following:

(a)  the scientific and natural significance of the land,

(b)  the loss of important vegetation systems, natural wildlife habitats and corridors, including threatened species, populations or ecological communities,

(c)  the risk of soil erosion or other land degradation,

(d)  the loss of scenic amenity.

(4)  In this clause:

environmentally sensitive land means:

(a)  land within 50 metres, in a horizontal line, of the top of the bank of the Darling River,

(b)  land within 50 metres, in a horizontal line, of the top of the bank of the Paroo River,

(c)  land that, in the opinion of the Council, is important for the conservation and protection of native vegetation, or protected and threatened species, population and ecological communities and their habitats (including corridors).

26 Ecologically sustainable development

Before granting consent to carrying out of development, the consent authority must consider the principles of ecologically sustainable development and other matters set out in Schedule 3 in relation to land, air, water resources, biodiversity, waste and noise in so far as they are relevant to the proposed development.

27 Flood liable land

(1)  Despite any other provision of this plan, a person must not erect a building on flood liable land except with the consent of the consent authority.

(2)  The aims of this plan in relation to flood liable land are to ensure that:

(a)  the floor level of those parts of a building used for human habitation are constructed at least 500 millimetres above the 1% flood event or the highest known flood level using the geomorphology method, and

(b)  buildings are designed to withstand the impact of flooding.

(3)  Before granting consent to carrying out of development on land on a floodplain, the consent authority must consider the following:

(a)  the potential for interference with natural periodic flooding of the floodplain,

(b)  the distribution of flood waters across the floodplain,

(c)  the potential for pollution in the event of a flood,

(d)  the impact and cumulative impact of the development of flood flows.

cl 27: Am 2004 No 91, Sch 2.10.

28 (Repealed)

cl 28: Am 2007 No 82, Sch 3.7. Rep 2010 (706), Sch 1 [33].

29 Objectives in relation to heritage

The objectives of this plan in relation to heritage are:

(a)  to conserve the environmental heritage of the local government area of Central Darling, and

(b)  to conserve the heritage significance of existing significant fabric, relics, settings and views associated with the heritage significance of heritage items, and

(c)  to conserve archaeological sites and places of Aboriginal heritage significance, and

(d)  to allow for the protection of places that have the potential to have heritage significance but are not identified as heritage items.

30 Protection of heritage items

(1)  The following development may be carried out only with development consent:

(a)  demolishing or moving a heritage item,

(b)  altering a heritage item by making structural or non-structural changes to the detail, fabric, finish or appearance of its exterior,

(c)  altering a heritage item by making structural changes to its interior,

(d)  disturbing or excavating a place of Aboriginal heritage significance or an archaeological site 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,

(e)  moving the whole or a part of a heritage item,

(f)  erecting a building on land on which a heritage item is located.

(2)  Development consent is not required by this clause if:

(a)  in the opinion of the consent authority:

(i)  the proposed development is of a minor nature or consists of maintenance of the heritage item, and

(ii)  the proposed development would not adversely affect the significance of the heritage item, and

(b)  the proponent has notified the consent authority in writing 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 will comply with this subclause and that development consent is not otherwise required by this plan.

(3)  Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance:

(a)  the creation of a new grave or monument, or

(b)  an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.

(4)  Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item concerned.

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

(5)  The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan.

(6)  The minimum number of issues that must be addressed by the heritage impact statement are:

(a)  the heritage significance of the item as part of the environmental heritage of Central Darling, and

(b)  the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and

(c)  the measures proposed to conserve the heritage significance of the item and its setting, and

(d)  whether any archaeological site or potential archaeological site would be adversely affected by the proposed development, and

(e)  the extent to which the carrying out of the proposed development would affect the form of any historic subdivision.

(7)    (Repealed)

cl 30: Am 2008 (571), Sch 3.44 [1]; 2010 (706), Sch 1 [34].

31 (Repealed)

cl 31: Rep 2008 (571), Sch 3.44 [2].

32 Development affecting places or sites of known or potential Aboriginal heritage significance

Before granting consent to the carrying out of development that is likely to have an impact on a place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority must:

(a)  consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and

(b)  except where the proposed development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice is sent.

cl 32: Am 2008 (571), Sch 3.44 [3] [4].

33 Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance

(1)  Before granting consent to the carrying out of development that will be carried out on an archaeological site or a potential archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the consent authority must:

(a)  consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b)  be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(2)  This clause does not apply if the proposed development:

(a)  does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or

(b)  is integrated development.

cl 33: Am 2008 (571), Sch 3.44 [5].

34 Development in the vicinity of a heritage item

(1)  Before granting consent to the carrying out of development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item.

(2)  This clause extends to development:

(a)  that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or

(b)  that may undermine or otherwise cause physical damage to a heritage item, or

(c)  that will otherwise have any adverse impact on the heritage significance of a heritage item.

(3)  The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.

(4)  The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed building or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.

35 Conservation Incentives

The consent authority may grant consent to the use, for any purpose, of a building that is a heritage item, or of the land on which such a building is erected, even though the use would otherwise be prohibited by this plan, if the consent authority is satisfied that:

(a)  the conservation of the heritage item depends on the granting of consent, and

(b)  the proposed use is in accordance with a conservation management plan that has been endorsed by the consent authority, and

(c)  the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

(d)  the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and

(e)  the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.

36 Stormwater drainage

(1)  The carrying out of a work that will result in the disposal of stormwater, waste water or treated effluent into any river, stream or underlying aquifer is not permitted without the consent of the consent authority.

(2)  The consent authority may consent to the carrying out of a work that will result in the disposal of stormwater into any river, stream or underlying aquifer only if the water will be subjected to measures that are satisfactory to the consent authority to minimise the adverse affects of the stormwater on the river, stream or underlying aquifer.

(3)  Drainage of wetlands, cowals or bogs is not permitted without the consent of the consent authority.

cl 36: Am 2010 (706), Sch 1 [35].

37 Roads, drainage, recreation areas and parking

(1)  Nothing in this plan prohibits the Council from, or requires the Council to obtain its own consent to the carrying out of development on land within any zone for the purposes of roads, utility undertakings, stormwater drainage, recreation areas, landscaping, gardening, bush fire hazard reduction work, amenities buildings or parking, on land that is not Crown land.

(2)  A person may, with the consent of the consent authority (except in the case of landscaping and gardening, that may be carried out without consent), carry out development referred to in subclause (1) on land within any zone.

(3)    (Repealed)

cl 37: Am 2010 (706), Sch 1 [36] [37].

38 Neighbourhood shops

The consent authority must not consent to the carrying out of development for the purpose of a neighbourhood shop if the shop:

(a)  will sell petroleum products and is less than 10 kilometres from a service station, or

(b)  has an area devoted to retail that exceeds 75 square metres, or

(c)  is located within 400 metres of an existing neighbourhood shop.

cl 38: Subst 2010 (706), Sch 1 [38].

39 Temporary use of land

Despite any other provision of this plan, the consent authority may grant consent to the carrying out of development on land for any purpose (not being designated development) for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.

40 Ongoing projects

(1)  Development that is certified in writing by the Director-General as being part of the following ongoing projects does not require consent:

(a)  Wilcannia weir,

(b)  Darling annabranch piping,

(c)  any other public infrastructure project that has been commenced before the appointed day and that is certified in writing by the Director-General as a project to which this clause applies.

(2)  Nothing in this clause affects any requirement that a person may have under Part 5 of the Act.

41 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 development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)  This clause does not apply:

(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or

(b)  to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or

(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

(g)  to any planning agreement within the meaning of Division 6 of Part 4 of the Act.

(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)  Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

cll 41: Ins 2010 (706), Sch 1 [39].

42 Classification and reclassification of public land

(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note—

Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this plan to discharge trusts on which public reserves are held if the land is reclassified under this plan as operational land.

(2)  The public land described in Part 1 or Part 2 of Schedule 5 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 5 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 5:

(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 5, 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 5, and

(b)  any reservations that except land out of the Crown grant relating to the land, and

(c)  reservations of minerals (within the meaning of the Crown Lands Act 1989).

cll 42: Ins 2010 (706), Sch 1 [39].

Schedule 1 Heritage items

(Clauses 3 (1))

Locality	Address	Building/site/area
Tilpa	Main Street	Old Tilpa Drop-Slab Post Office Kitchen
Tilpa	Main Street	Tilpa Hotel and Complex (including Jessie’s Grave)
Tilpa	Wilcannia Road	Store/Old Wee Water Hotel
Tilpa	Wilcannia Road	Tilpa Cemetery
White Cliffs	Johnstone Street	Federation Park
White Cliffs	Johnstone Street	Post Office
White Cliffs	Johnstone Street	School
White Cliffs	Keraro Road	Former Police Residence and Gaol
White Cliffs	Opal Drive	Early Pioneer Cemetery and Centenary Cairns
White Cliffs	Tilpa Road	Pioneer and General Cemetery
Wilcannia	Barrier Highway	Centre Lift bridge over the Darling River
Wilcannia	64 Reid Street	(Old) Queens Head Hotel
Wilcannia	44 Reid Street	Knox and Downs Store
Wilcannia	80–82 Woore Street	St James Anglican Church
Wilcannia	66–68 Reid Street	Courthouse
Wilcannia	70–72 Reid Street	Maximum Security Prison and Police Station
Wilcannia	74–76 Reid Street	Police Residence
Wilcannia	48 Reid Street	Old Newsagency
Wilcannia	50 Reid Street	Butcher Shop
Wilcannia	45 Reid Street	Post Office residence
Wilcannia	21 Reid Street	Shire Office Complex
Menindee	Kinchega National Park	Kinchega Woolshed including steam traction engine and locomotive boiler
Wilcannia	Adjacent to bridge	Old Wharf and winch
Wilcannia	77–79 Hood Street	Old Wilcannia Central School
Wilcannia	46 Reid Street	Club Hotel
Wilcannia	8–10 Myers Street	Two sandstone houses
Wilcannia	30 Reid Street	Old sandstone shop
Wilcannia	37 Reid Street	Museum/Wilcannia Athenaeum
Wilcannia	71 Reid Street	Rich and Co Warehouse
Wilcannia	Baker Park	Memorial: World War I
Wilcannia	52–54 Woore Street	Old Roman Catholic convent
Menindee	Yartla Street	Maiden’s Hotel
Ivanhoe	Hillston—Ivanhoe Road	Boondara Homestead
Wilcannia	1–7 Ross Street	Hospital
Wilcannia	25–29 Ross Street	Golf Club
White Cliffs		St Mary’s Church
White Cliffs	Glen Hope Station	“Clancy’s” or “Frenchman’s” Hut
Wilcannia		Old Wilcannia water tower
Menindee		Old Wharf

sch 1: Am 2010 (706), Sch 1 [40].

Schedule 2 Archaeological and potential archaeological sites

(Clause 3 (1))

Part 1 Archaeological sites

The following sites have been identified as archaeological sites:

Any site recorded on the Aboriginal Heritage Information Management System maintained by the Department of Environment and Conservation.

Part 2 Potential archaeological sites

The following sites have been identified as potential archaeological sites:

(a)  Any site under consideration for recording on the Aboriginal Heritage Information Management System maintained by the Department of Environment and Conservation.

(b)  Any sites or landscape features identified by a local Aboriginal Lands Council and notified in writing to the Council.

Schedule 3 Matters to be considered by the consent authority when determining a development application

(Clause 26)

The principles of ecological sustainable development are as follows:

(a)  The precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

(b)  Inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

(c)  Conservation of biological diversity and ecological integrity.

(d)  Improved evaluation and pricing of environmental resources.

In assessing proposals for the carrying out of development on land, specific regard must be given to each of the environmental management objectives of this plan. In ensuring each objective is met, the consent authority must consider the best information available to the consent authority at the time, which may include any relevant management plans or policies adopted by the Council, as well as the following specific considerations:

(a)  in relation to soil erosion—whether the proposed development (either through its setting-up or operation) involves clearing land or other disturbances to the land, the likelihood of soil erosion or other disturbance to the land, and the likelihood of soil erosion or other instability, given any measures taken by the developer to reduce that potential for development to cause contamination,

(b)  in relation to salinity—whether there is potential for the development to cause or worsen any outbreaks of salinity,

(c)  in relation to contamination—whether there is potential for the land to be contaminated, given the known history of the land or nearby land which may be potentially contaminated and the potential for the proposed use to cause contamination,

(d)  in relation to waterways—whether there is potential for degradation of water quality or quantity, whether any removal of water from the river or from groundwater sources associated with the proposed development will adversely affect water quality and whether licences have been applied for or obtained,

(e)  in relation to aquifers—whether the land is vulnerable to groundwater contamination and the potential of the development to affect water levels or quality in the aquifer,

(f)  in relation to stormwater quality—whether there is potential for degradation of the quality of stormwater discharges, given any stormwater quality control measures proposed by the developer,

(g)  in relation to significant vegetation and wildlife habitats—whether there is a conservation plan and, if so, its contents, and the effect of the development on threatened species, the provision and quality of habitats for indigenous and migratory species of wildlife, and whether there is potential for the proposed development to affect the growth of native plant communities,

(h)  in relation to wetlands—whether there is potential for the development to alter the quality or quantity of water flowing into, within or out of a wetland or the level, frequency or duration of wetland inundation,

(i)  in relation to bushfire—whether there is potential bushfire hazard by reason of the vegetation on the land and the nature of the development,

(j)  in relation to waste—the content of the Council’s proposals to dispose of solid and liquid waste,

(k)  in relation to noise pollution—whether there is potential for the development to degrade the environment in terms of noise generation (either through its setting-up or operation),

(l)  in relation to air pollution—whether there is potential for the development to degrade the air quality of the environment (either through its setting-up or operation),

(m)  in relation to environmental heritage and scenic quality—whether or not the proposed form and siting of buildings, the colours used, building materials or landscaping are appropriate having regard to the rural character of the immediate environment, and whether extensive, prominent or significant areas of vegetation will be cleared, and whether the surface or groundwater characteristics of the site will be affected,

(n)  in relation to recreation and tourism—whether the development is compatible with surrounding recreational land uses, and whether the proposed development will cause a deterioration of the area as a recreational resource,

(o)  in relation to agriculture—whether there exists the potential availability of alternative land of lower agricultural quality for the proposed development, whether the proposed development enhances the economic viability of the land, and whether the proposed development is in accordance with the land capability of the site.

Schedule 4 Development that must be advertised

(Clause 23)

Development that must be advertised

1  Development for the purpose of conserving, protecting or restoring a heritage item that in the opinion of the Council warrants public comment.

2  Development for the purpose of hotel or motel accommodation and pubs.

3  Development for the purpose of transport depots, heavy industries, liquid fuel depots, stock and sale yards and waste or resource management facilities.

4  Development for the purpose of brothels and sex services premises.

5    (Repealed)

sch 4: Am 2010 (706), Sch 1 [41]–[44].

Schedule 5 Classification and reclassification of public land

(Clause 42)

Part 1 Land classified, or reclassified, as operational land—no interests changed

Column 1	Column 2
Locality	Description
Nil

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

Column 1	Column 2	Column 3
Locality	Description	Any trusts etc not discharged
Ivanhoe	Ivanhoe Council Depot, Behring Street, Lot 1, DP 89360
Ivanhoe	SES Shed, Raleigh Street, Lot 7, Section 15, DP 758537
Menindee	Menindee RTC, 42 Paringa Street, Lot 6, Section 27, DP 758669
Menindee	Menindee RTC, 51 Yartla Street, Lot 5, Section 27, DP 758669
Wilcannia	Council Depot, 50–52 Myers Street, Lot 1, Section 54, DP 812602
Wilcannia	Council Depot Shower Block, 38 James Street, Lot 2, Section 54, DP 812602
Wilcannia	Council Depot Corner Block, 40 James Street, Lot 11, Section 54, DP 592750
Wilcannia	Bank Residence, 6–8 Reid Street, Lots 8 and 9, Section 12, DP 759091
Wilcannia	MED Residence, 59 Woore Street, Lot 11, Section 13, DP 759091
Barrier Highway	Part of Kalyanka, Lot 53, DP 1130093

Part 3 Land classified, or reclassified, as community land

Column 1	Column 2
Locality	Description
Nil

sch 5: Ins 2010 (706), Sch 1 [45].

Dictionary

(Clause 3)

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.

agricultural produce industry means an industry involving the handling, treating, processing or packing of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes 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.

agriculture means any of the following:

(a)  animal boarding or training establishments,

(b)  aquaculture,

(c)  extensive agriculture,

(d)  farm forestry,

(e)  intensive livestock agriculture,

(f)  intensive plant agriculture.

airport means a place used for the landing, taking off, parking, maintenance or repair of aeroplanes (including associated buildings, installations, facilities and movement areas and any heliport that is part of the airport).

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.

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.

animal chiller means a commercial freezer or coolroom for the purpose of storing wildlife that has been slaughtered for use in pet food or for human consumption.

appointed day means 14 August 2002.

aquaculture has the same meaning as in the Fisheries Management Act 1994.

Note—

The term is defined as follows:

aquaculture means:

(a)  cultivating fish or marine vegetation for the purposes of harvesting the fish or marine vegetation or their progeny with a view to sale, or

(b)  keeping fish or marine vegetation in a confined area for a commercial purpose (such as a fish-out pond),

but does not include:

(c)  keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially), or

(d)  anything done for the purposes of maintaining a collection of fish or marine vegetation otherwise than for a commercial purpose, or

(e)  any other thing prescribed by the regulations (made under the Fisheries Management Act 1994).

archaeological site means a site that is specified in Part 1 of Schedule 2 as an archaeological site.

arterial road means an arterial road indicated on the map or a classified road within the meaning of the Roads Act 1993.

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 (not being an individual lot in a strata plan or community title scheme), and

(c)  none of the dwellings is located above any part of another dwelling.

backpackers’ accommodation means tourist and visitor accommodation:

(a)  that has shared facilities, such as a communal bathroom, kitchen or laundry, and

(b)  that will generally provide accommodation on a bed basis (rather than by room).

basic utility services means sewerage, drainage, water, gas and electricity services.

bed and breakfast accommodation means tourist and visitor accommodation comprising a dwelling (and any ancillary buildings and parking) where the accommodation is provided by the permanent residents of the dwelling and:

(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.

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.

boarding house means a building:

(a)  that is wholly or partly let in lodgings, and

(b)  that provides lodgers with a principal place of residence for 3 months or more, and

(c)  that generally has shared facilities, such as a communal bathroom, kitchen or laundry, and

(d)  that has rooms that accommodate one or more lodgers,

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

boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.

brothel has the same meaning as in the Act.

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 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 that does not include general advertising of products, goods or services.

bulk store means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop, retail premises or commercial premises on the same parcel of land or on adjoining land in the same ownership.

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 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 include any advertising relating to a person who does not carry on business at the premises or place.

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 may include, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, medical centres, betting agencies and the like, but does not include sex services premises.

caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.

cemetery means a building or place for the interment of deceased persons or their ashes.

child care centre means a building or place used for the supervision and care of children that:

(a)  provides long day care, pre-school care, occasional child care or out-of-school-hours care, and

(b)  does not provide overnight accommodation for children other than those related to the owner or operator of the centre,

but does not include:

(c)  a building or place used for home-based child care, or

(d)  an out-of-home care service provided by an agency or organisation accredited by the NSW Office of the Children’s Guardian, or

(e)  a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

(f)  a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or

(g)  a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or

(h)  a service that is concerned primarily with the provision of:

(i)  lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or

(ii)  private tutoring, or

(i)  a school, or

(j)  a service provided at exempt premises (within the meaning of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.

commercial premises means a building or place used as an office or for a business or commercial purposes, but does not include a building or place specifically defined elsewhere in this Dictionary.

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 Central Darling Shire Council.

crematorium means a building in which deceased persons or pets are cremated, and includes a funeral chapel.

dairy (pasture-based) means a dairy where the only restriction facilities present are the milking sheds and holding yards and where cattle are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).

demolish, in relation to a heritage item, means wholly or partly destroy, dismantle or deface the heritage item.

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.

dugout means a place comprising rooms, access ways and associated structures located either wholly or partly below the natural ground level created by mining or excavation methods.

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

dwelling house means a building containing only one dwelling.

earthworks means excavation or filling.

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.

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.

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:

(a)  the production of crops or fodder (including irrigated pasture and fodder crops), or

(b)  the grazing of livestock, or

(c)  bee keeping,

for commercial purposes, but does not include any of the following:

(d)  animal boarding or training establishments,

(e)  aquaculture,

(f)  farm forestry,

(g)  intensive livestock agriculture,

(h)  intensive plant agriculture.

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.

extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.

farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.

farm stay accommodation means tourist and visitor accommodation provided to paying guests on a working farm as a secondary business to primary production.

feedlot means a confined or restricted area used to rear and fatten cattle, sheep or other animals for the purpose of meat production, fed (wholly or substantially) on prepared and manufactured feed, but does not include a poultry farm, dairy or piggery.

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.

flood liable land means land inundated by the 1% flood event or by the highest known flood level determined by using the geomorphology method.

floodplain means flood liable land.

food and drink premises means retail premises used for the preparation and retail sale of food or drink for immediate consumption on or off the premises, and includes restaurants, cafes, take away food and drink premises, milk bars and pubs.

forestry has the same meaning as forestry operations in the Forestry and National Park Estate Act 1998.

Note—

The term is defined as follows:

forestry operations means:

(a)  logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or

(b)  forest products operations, namely, the harvesting of products of trees, shrubs and other vegetation (other than timber) that are of economic value, or

(c)  on-going forest management operations, namely, activities relating to the management of land for timber production such as thinning, bush fire hazard reduction, bee-keeping, grazing and other silvicultural activities, or

(d)  ancillary road construction, namely, the provision of roads and fire trails, and the maintenance of existing railways, to enable or assist in the above operations.

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.

group home means a dwelling that is a permanent group home or a transitional group home.

group home (permanent) or permanent group home means a dwelling:

(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,

but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.

group home (transitional) or transitional group home means a dwelling:

(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,

but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.

hazardous industry means development for the purpose of an industry that, when the development is 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 development from existing or likely future development on other land in the locality), would pose a significant risk in the locality:

(a)  to human health, life or property, or

(b)  to the biophysical environment.

hazardous storage establishment means any establishment where goods, materials or products are stored that, 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 establishment from existing or likely future development on other land in the locality), would pose a significant risk in the locality:

(a)  to human health, life or property, or

(b)  to the biophysical environment.

health consulting rooms means a medical centre that comprises one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals who practise in partnership (if there is more than one such professional) who provide professional health care services to members of the public.

health services facility means a building or place used as a facility 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 the following:

(a)  day surgeries and medical centres,

(b)  community health service facilities,

(c)  health consulting rooms,

(d)  facilities for the transport of patients, including helipads and ambulance facilities,

(e)  hospitals.

heavy industry means an industry that requires separation from other land uses because of the nature of the processes involved, or the materials used, stored or produced. It may consist of or include a hazardous or offensive industry or involve the use of a hazardous or offensive storage establishment.

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 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.

heritage impact statement means a document consisting of:

(a)  a statement demonstrating the heritage significance of a heritage item, archaeological site, place of Aboriginal heritage significance or other 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)  a building, work, archaeological site or place specified in an inventory of heritage items that is available at the office of the Council and the site of which is described in Schedule 1, or

(b)  a place specified in an inventory of heritage items available at the office of the Council and described in the inventory as a place of Aboriginal heritage significance and the site of which is described in Schedule 2.

heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.

home-based child care means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions:

(a)  the service is appropriately licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998,

(b)  the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.

home business means a business carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:

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

(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(c)  involve the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or

(d)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or

(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,

but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

home industry means a light industry carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:

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

(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or

(d)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the light industry carried on in the dwelling), or

(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,

but does not include bed and breakfast accommodation or sex services premises.

home occupation means an occupation carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling 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 notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the occupation carried on in the dwelling), 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, a brothel or home occupation (sex services).

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 notice, advertisement or sign, 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 retail sales or viticulture.

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 or refreshment rooms,

(e)  transport of patients, including helipads, ambulance facilities and car parking,

(f)  educational purposes or any other health-related use,

(g)  research purposes (whether or not it is carried out by hospital staff or health care workers or for commercial purposes),

(h)  chapels,

(i)  hospices,

(j)  mortuaries.

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.

hotel or motel accommodation means tourist and visitor accommodation (whether or not licensed premises under the Liquor Act 2007):

(a)  comprising rooms or self-contained suites, and

(b)  that 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.

industry means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing or adapting, or the research and development of any goods, chemical substances, food, agricultural or beverage products, or articles for commercial purposes, but does not include extractive industry or a mine.

intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, goats, horses or other livestock, that are fed wholly or substantially on externally-sourced feed, and includes the operation of feed lots, piggeries, poultry farms or restricted dairies, but does not include the operation of facilities for drought or similar emergency relief or extensive agriculture or aquaculture.

intensive livestock keeping establishment means a building or place where livestock are held for the purposes of nurturing by a feeding method other than natural grazing and includes the following:

(a)  feedlots, other than feedlots operated during periods of declared drought, or at times of other natural disasters such as fire or flood,

(b)  piggeries,

(c)  poultry farms,

(d)  places used for fish farming (including the farming of crustaceans and oysters),

but does not include the following:

(e)  an animal boarding or training establishment,

(f)  a building or place used for the keeping of livestock intended solely for personal consumption or enjoyment by the owner or occupier of the building or place,

(g)  a building or place used for short-term feeding.

intensive plant agriculture means any of the following carried out for commercial purposes:

(a)  the cultivation of irrigated crops (other than irrigated pasture or fodder crops),

(b)  horticulture,

(c)  turf farming,

(d)  viticulture.

jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.

land fill site means land on which, as the principal use of the land, materials such as earth, soil, excavated earth material, demolition material or non-putrescible matter are placed as filling.

light industry means an industry, not being a hazardous or offensive industry or involving use of a hazardous or offensive storage establishment, in which the processes carried on, the transportation involved or the machinery or materials used do 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.

liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.

livestock processing industry means an industry that involves the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals, derived principally from surrounding districts, and includes such activities as abattoirs, knackeries, tanneries, woolscours and rendering plants.

maintenance, in relation to a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care. It 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.

medical centre means business premises 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, and may include the ancillary provision of other health services.

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.

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.

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 (not being an individual lot in a strata plan or community title scheme) each with access at ground level, but does not include a residential flat building.

native vegetation has the same meaning as in the Native Vegetation Act 2003.

Note—

The term is defined as follows:

Meaning of “native vegetation”

(1)  

Native vegetation means any of the following types of indigenous vegetation:

(a)  trees (including any sapling or shrub, or any scrub),

(b)  understorey plants,

(c)  groundcover (being any type of herbaceous vegetation),

(d)  plants occurring in a wetland.

(2)  

Vegetation is indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement.

(3)  

Native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies.

neighbourhood shop means retail premises used for the purposes of selling small daily convenience goods such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.

offensive industry means any development for the purpose of an industry that would, when the development is 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 development 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 the existing or likely future development on other land in the locality.

offensive storage establishment means any establishment where goods, materials or products are stored 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 establishment 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 the existing or likely future development on other land in the locality.

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.

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.

pine plantations means private forestry involving the establishment of pine plantations of more than 5 hectares in area in respect of any one property.

place of Aboriginal heritage significance means:

(a)  a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people (it may 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 groves), or

(b)  a natural Aboriginal sacred site or other sacred feature (it may include 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).

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.

Planning for Bush Fire Protection means the document titled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006.

potential archaeological site means a site that is specified in Part 2 of Schedule 2 as a potential archaeological site.

pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the 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.

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.

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 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).

registered club means a club in respect of which a certificate of registration under the Registered Clubs Act 1976 is in force, whether or not entertainment is provided at the club.

relic means any deposit, object or other material evidence of human habitation:

(a)  that relates to the settlement of the area of Central Darling, not being Aboriginal settlement, and

(b)  that is more than 50 years old, and

(c)  that is a fixture or is wholly or partly within the ground.

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, but does not include tourist and visitor accommodation.

residential care facility means accommodation for seniors (people aged 55 years or more) 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,

not being a dwelling, hospital or psychiatric facility.

residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.

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, 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.

restaurant means a building or place the principal purpose of which is the provision of food or beverages to people for consumption on the premises, whether or not takeaway meals and beverages or entertainment are also provided.

restricted dairy means a dairy (other than a dairy (pasture-based)) where restriction facilities are present in addition to milking sheds and holding yards, and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during periods of drought or similar emergency relief). A restricted dairy may comprise the whole or part of a restriction facility.

restricted premises means business premises or retail 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 hotel or motel accommodation, a pub, 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 for hiring or displaying items for the purpose of selling them by retail or hiring them out, whether the items are goods or materials (or whether also sold by wholesale).

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 retail selling of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.

rural industry means an industry that involves the handling, treating, production, processing or packing of animal or plant agricultural products, and includes:

(a)  agricultural produce industry, or

(b)  livestock processing industry, or

(c)  use of composting facilities and works (including to produce mushroom substrate), or

(d)  use of sawmill or log processing works, or

(e)  use of stock and sale yards, or

(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise,

undertaken for commercial purposes.

rural worker’s dwelling means a dwelling, ancillary to a dwelling house on the same landholding, used as the principal place of residence by persons employed for the purpose of agriculture or a rural industry on that land.

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.

school means a government school or non-government school within the meaning of the Education Act 1990.

seniors housing means residential accommodation that consists of:

(a)  a residential care facility, or

(b)  a hostel, or

(c)  a group of self-contained dwellings, or

(d)  a combination of these,

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 residential accommodation or in the provision of services to persons living in the accommodation,

but does not include a hospital.

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 tourist and visitor accommodation 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.

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.

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.

sewerage system means a biosolids treatment facility, sewage reticulation system, sewage treatment plant, water recycling facility, or any combination of these.

sex services premises means a brothel, but does not include home occupation (sex services).

shop means retail premises that sell groceries, personal care products, clothing, music, homewares, stationery, electrical goods or other items of general merchandise, and may include a neighbourhood shop, but does not include food and drink premises or restricted premises.

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:

(a)  building identification signs, and

(b)  business identification signs, and

(c)  advertisements,

but does not include traffic signs or traffic control facilities.

stock and sale yard means a building or place used on a commercial basis for the purpose of offering livestock or poultry for sale and may be used for the short-term storage and watering of stock.

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 business premises or retail premises on the same parcel of land.

the Act means the Environmental Planning and Assessment Act 1979.

the map means the map marked “Central Darling Local Environmental Plan 2004”, as amended by the maps (or the specified sheets of maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.

Central Darling Local Environmental Plan 2004 (Amendment No 1), Sheets 1–4

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes hotel or motel accommodation, serviced apartments, bed and breakfast accommodation and backpackers’ accommodation.

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 passenger transport undertaking, business, industry or shop.

turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.

utility undertaking means any undertaking carried out by or by authority of any Government department, or in pursuance of any Commonwealth or State Act, for the purpose of:

(a)  railway, road, water or air transport, or wharf or river undertakings, or

(b)  the provision of sewerage or drainage services, or

(c)  the supply of water, hydraulic power, electricity or gas, or

(d)  water quality control facilities.

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 or the selling of, and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop.

vehicle sales or hire premises means a building or place used for the display, sale (whether by retail or wholesale) or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

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 commercial purposes for use in the production of fresh or dried fruit or wine.

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.

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.

waste or resource management facility means a waste or resource transfer station, a resource recovery facility or a waste disposal facility.

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.

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.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure, dosing facilities and water supply reservoirs.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

water supply system means a water reticulation system, water storage facility, water treatment facility, or any combination of these.

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.

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.

Dictionary: Ins 2010 (706), Sch 1 [46].