(1) In this plan, except in so far as the context or subject-matter otherwise indicates or requires—
Acid Sulfate Soil Manual means the Acid Sulfate Soil Manual published from time to time by the NSW Acid Sulfate Soil Management Advisory Committee and adopted by the Director-General of the Department of Infrastructure, Planning and Natural Resources.
acid sulfate soils means actual or potential acid sulfate soils.
Acid Sulfate Soils Planning Maps means the series of maps marked “Ballina Local Environmental Plan 1987 (Amendment No 66)—Acid Sulfate Soils Planning Maps” kept in the office of the council.
actual acid sulfate soils means soils containing highly acidic soil horizons or layers resulting from the oxidation of soil materials that are rich in iron sulfides, primarily pyrite. This oxidation produces acidity in excess of the sediment’s capacity to neutralise the acidity resulting in soils of pH 4 or less.
advertisement means a display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display involves the erection of a structure or the carrying out of a work.
aerodrome means a place or area, open to use by the public, which is licensed by the Commonwealth Department of Transport for use by aircraft and includes airline terminal buildings and associated facilities.
appointed day means the day on which this plan takes effect.
aquaculture means the cultivation of marine organisms such as fish, prawns and other crustaceans.
bed and breakfast establishment means a dwelling-house occupied and used by the permanent residents to provide short-term paid accommodation (which may include meals) and may include ancillary buildings within the curtilage of the dwelling house.
brothel means premises habitually used by one or more prostitutes for the purpose of prostitution, or that have been used for that purpose and are likely to be used again for that purpose, and includes any premises where the act of prostitution occurs irrespective of whether other services or businesses are being provided or carried out.
building identification sign means a sign that identifies or names a building, and that may include the name of a business or building, the street number of a building, the nature of the business and a logo or other symbol that identifies the business, but that does not include general advertisements for products, goods or services.
business identification sign means a sign—
(a) that indicates the name of a person carrying on a business, and 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 advertisement relating to a person who does not carry on business at the premises or place.
camping ground does not include land used to accommodate caravans or mobile homes.
caravan park means land used to accommodate a movable dwelling within the meaning of section 288A of the Local Government Act 1919.
clearing, in relation to land, means the destruction or removal in any manner of native plants growing on the land, but does not include—
(a) the destruction or removal of plants declared noxious by proclamation pursuant to section 467 of the Local Government Act 1919, by means not likely to be significantly detrimental to the native ecosystem, or
(b) the incidental destruction or removal of native plants lying adjacent to any such noxious plants occurring unavoidably during the process of destroying or removing those noxious plants.
commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place specifically defined for the purposes of this plan, or a building or place at which a land use so specifically defined is carried on.
community building means a building or place owned or leased by the council and used to provide facilities comprising or relating to any one or more of the following—
(a) a public library,
(b) public health, welfare or information services,
(c) rest rooms,
(d) meeting rooms,
(e) indoor recreation,
(f) child minding, or
(g) other community support facilities.
consulting rooms means a room or a number of rooms, being a part of a dwelling-house or the whole of a former dwelling-house, and used by not more than 3 professionally qualified practitioner who practise therein their respective professions and, if more than one, practise in partnership, and who employ not more than 3 employees in connection with the practise.
council means the Council of the Shire of Ballina.
demolition, in relation to a building or work, means the damaging, defacing, pulling down or removal of that building, in whole or in part.
environmental educational facility means a building or place used for environmental education purposes.
existing holding means—
(a) in the case of land in the former Shire of Tintenbar—
(i) except as provided by subparagraph (ii), a lot, portion or parcel of land which has the same boundaries as it had, and is owned by the same person as it was owned by, on 12 June 1970, or
(ii) where, on 12 June 1970, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of those lots, portions or parcels, provided that they are owned by the same person that they were owned by on that date, and
(b) in the case of land in the former Municipality of Ballina—
(i) except as provided by subparagraph (ii), a lot, portion or parcel of land which has the same boundaries as it had, and is owned by the same person as it was owned by, on 18 July 1969, or
(ii) where, on 18 July 1969, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of those lots, portions or parcels, provided that they are owned by the same person that they were owned by on that date.
feed lot means a building or place in or on which livestock are held for the purpose of nurturing wholly by a feeding method other than natural grazing, but does not include a piggery or stock home.
holiday cabin means a free-standing building with a gross floor area of not more than 50 square metres (excluding balconies) that contains a room or suite of rooms with a maximum of two bedrooms and that is intended to be used solely for the provision of temporary holiday accommodation.
item of environmental heritage means those buildings, works, relics, trees or places of historic, scientific, cultural, social, architectural, archaeological, natural or aesthetic significance for the Shire of Ballina—
(a) described in Schedule 1, or
(b) designated as an item of environmental heritage for the purposes of this plan by a development control plan in force under section 72 of the Act in respect of the whole or any part of the land to which this plan applies.
native plants means plants indigenous to the State of New South Wales, including trees, shrubs, ferns, vines, herbs and grasses indigenous to the State, but does not include plants grown for commercial purposes.
potential acid sulfate soils means soils that contain iron sulfides or sulfidic material which have not been exposed to air and oxidised. The field pH of these soils in their unoxidised state is pH 4 or more and may be neutral or slightly alkaline.
prostitution means the offering by a person of his or her body to a person of the same or different sex for sexual gratification in return for payment or other reward, and includes—
(a) sexual intercourse as defined in section 61H of the Crimes Act 1900, or
(b) masturbation committed by one person on another.
relic means any deposit, object or material evidence relating to the settlement (including aboriginal habitation) prior to 1 January 1900 of the land to which this plan applies.
renovation, in relation to a building or work, means—
(a) the making of structural changes to the inside or outside of the building or work, or
(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work, whether or not by making changes to the outside that involve the repair, or the painting, plastering or other decoration, of the building or work.
residential building means a dwelling-house, building wholly or partly comprising residential flat development, boarding-house, lodging house or a hostel, but does not include a motel.
residential flat development means a building or development containing 2 or more dwellings on a single parcel of land.
rural tourist facility means a building or place on an allotment of land which may include a refreshment room but does not include tourist accommodation and which is used to provide tourists with a rural education concerning the growing, production or processing of rural products which are grown or cultivated on that allotment of land.
stock home means a building or place where animals are bred, trained or accommodated and nurtured for gain or reward except in relation to the use of land for the purpose of agriculture.
telecommunications facility means—
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network.
the map means the series of maps marked “Ballina Local Environmental Plan 1987” as amended by the maps marked as follows—
Editorial note—
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
Ballina Local Environmental Plan 1987 (Amendment No 1)
Ballina Local Environmental Plan 1987 (Amendment No 2), Sheets 1–8
Ballina Local Environmental Plan 1987 (Amendment No 2—Deferred Matter)
Ballina Local Environmental Plan 1987 (Amendment No 4)
Ballina Local Environmental Plan 1987 (Amendment No 5)
Ballina Local Environmental Plan 1987 (Amendment No 6)
Ballina Local Environmental Plan 1987 (Amendment No 12)
Ballina Local Environmental Plan 1987 (Amendment No 14)
Ballina Local Environmental Plan 1987 (Amendment No 22)
Ballina Local Environmental Plan 1987 (Amendment No 23)
Ballina Local Environmental Plan 1987 (Amendment No 28)
Ballina Local Environmental Plan 1987 (Amendment No 32)
Ballina Local Environmental Plan 1987 (Amendment No 33)—Sheet 1
Ballina Local Environmental Plan 1987 (Amendment No 35)
Ballina Local Environmental Plan 1987 (Amendment No 38)
Ballina Local Environmental Plan 1987 (Amendment No 40)
Ballina Local Environmental Plan 1987 (Amendment No 42)
Ballina Local Environmental Plan 1987 (Amendment No 44)
Ballina Local Environmental Plan 1987 (Amendment No 47)
Ballina Local Environmental Plan 1987 (Amendment No 48)
Ballina Local Environmental Plan 1987 (Amendment No 50)
Ballina Local Environmental Plan 1987 (Amendment No 51)
Ballina Local Environmental Plan 1987 (Amendment No 52)
Ballina Local Environmental Plan 1987 (Amendment No 53)
Ballina Local Environmental Plan 1987 (Amendment No 59)
Ballina Local Environmental Plan 1987 (Amendment No 67)
Ballina Local Environmental Plan 1987 (Amendment No 68)
Ballina Local Environmental Plan 1987 (Amendment No 69)
Ballina Local Environmental Plan 1987 (Amendment No 71)
Ballina Local Environmental Plan 1987 (Amendment No 78)
Ballina Local Environmental Plan 1987 (Amendment No 80)
Ballina Local Environmental Plan 1987 (Amendment No 82)
Ballina Local Environmental Plan 1987 (Amendment No 83)
Ballina Local Environmental Plan 1987 (Amendment No 88)
Ballina Local Environmental Plan 1987 (Amendment No 94)
Ballina Local Environmental Plan 1987 (Amendment No 95)
Ballina Local Environmental Plan 1987 (Amendment No 102)
Ballina Local Environmental Plan 1987 (Amendment No 103)
Ballina Local Environmental Plan 1987 (Amendment No 111)
Ballina Local Environmental Plan 1987 (Amendment No 116)
tourist facilities means an establishment providing for holiday accommodation or recreation and may include a bed and breakfast establishment, boat shed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, house boat, marina, motel, playground, refreshment room, water sport facilities or a club used in conjunction with any such activities.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
(2) In this plan, except in so far as the context or subject-matter otherwise indicates or requires—
(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,
(b) a reference to a map is a reference to a map deposited in the office of the council, and
(c) a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner indicated in clause 8 as the means of identifying land of the zone so specified, and
(d) notes included in this plan do not form part of this plan.