(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
advertisement means a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure means a structure used or to be used principally for the display of an advertisement.
affordable housing means housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
amend includes alter, vary or substitute (and amend provisions or a document includes amend a map or spatial dataset adopted by or under the provisions or document).
area has the same meaning as it has in the Local Government Act 1993.
authorised fire officer—see section 9.35(1)(d).
brothel means a brothel within the meaning of the Restricted Premises Act 1943, other than premises used or likely to be used for the purposes of prostitution by no more than one prostitute.
building includes part of a building, and also includes any structure or part of a structure (including any temporary structure or part of a temporary structure), but does not include a manufactured home, moveable dwelling or associated structure within the meaning of the Local Government Act 1993.
Building Code of Australia means the document, published by or on behalf of the Australian Building Codes Board, that is prescribed for purposes of this definition by the regulations, together with—
(a) the amendments made by the Board and prescribed by the regulations, and
(b) the variations approved by the Board in relation to New South Wales and prescribed by the regulations, and
(c) the variations prescribed by the regulations.
building work—see Part 6.
certifier—see Part 6.
Note.
Under Part 6, a certifier is a council or a person registered as a registered certifier under the Building and Development Certifiers Act 2018 acting in respect of matters to which the registration applies.
change of building use means a change of use of a building from a use that the Building Code of Australia recognises as appropriate to one class of building to a use that the Building Code of Australia recognises as appropriate to a different class of building.
city, in the Six Cities Region, means an area of land described as a city in Schedule 9.
community participation plan means a community participation plan prepared and published under Division 2.6.
complying development is development for which provision is made as referred to in section 4.2(5).
complying development certificate means a complying development certificate referred to in section 4.27.
consent authority—see Division 4.2.
construction certificate, subdivision works certificate, occupation certificate, subdivision certificate, compliance certificate—see Part 6.
control, in relation to development or any other act, matter or thing, means—
(a) consent to, permit, regulate, restrict or prohibit that development or that other act, matter or thing, either unconditionally or subject to conditions, or
(b) confer or impose on a consent authority functions with respect to consenting to, permitting, regulating, restricting or prohibiting that development or that other act, matter or thing, either unconditionally or subject to conditions.
council has the same meaning as it has in the Local Government Act 1993.
Court means the Land and Environment Court.
Crown land has the same meaning as in the Crown Land Management Act 2016.
demolition of a building or work includes enclosing a public place in connection with the demolition of a building or work.
Department means the Department of Planning and Environment.
designated development has the meaning given by section 4.10.
designated Sydney districts means the following cities in the Six Cities Region, as described in Schedule 9—
(a) the Eastern Harbour City,
(b) the Central River City,
(c) the Western Parkland City.
development—see section 1.5.
development application means an application for consent under Part 4 to carry out development but does not include an application for a complying development certificate.
development area means land constituted as a development area in accordance with Division 7.3.
development consent means consent under Part 4 to carry out development and includes, unless expressly excluded, a complying development certificate.
development control order means an order under Division 9.3.
development control plan (or DCP) means a development control plan made, or taken to have been made, under Division 3.6 and in force.
Development Coordination Authority—see Division 2.3B.
development standards means provisions of an environmental planning instrument or the regulations in relation to the carrying out of development, being provisions by or under which requirements are specified or standards are fixed in respect of any aspect of that development, including, but without limiting the generality of the foregoing, requirements or standards in respect of—
(a) the area, shape or frontage of any land, the dimensions of any land, buildings or works, or the distance of any land, building or work from any specified point,
(b) the proportion or percentage of the area of a site which a building or work may occupy,
(c) the character, location, siting, bulk, scale, shape, size, height, density, design or external appearance of a building or work,
(d) the cubic content or floor space of a building,
(e) the intensity or density of the use of any land, building or work,
(f) the provision of public access, open space, landscaped space, tree planting or other treatment for the conservation, protection or enhancement of the environment,
(g) the provision of facilities for the standing, movement, parking, servicing, manoeuvring, loading or unloading of vehicles,
(h) the volume, nature and type of traffic generated by the development,
(i) road patterns,
(j) drainage,
(k) the carrying out of earthworks,
(l) the effects of development on patterns of wind, sunlight, daylight or shadows,
(m) the provision of services, facilities and amenities demanded by development,
(n) the emission of pollution and means for its prevention or control or mitigation, and
(o) such other matters as may be prescribed.
ecologically sustainable development has the same meaning it has in section 6(2) of the Protection of the Environment Administration Act 1991.
environment includes all aspects of the surroundings of humans, whether affecting any human as an individual or in his or her social groupings.
environmental planning instrument means an environmental planning instrument (including a SEPP or LEP but not including a DCP) made, or taken to have been made, under Part 3 and in force.
erection of a building includes—
(a) the rebuilding of, the making of alterations to, or the enlargement or extension of, a building, or
(b) the placing or relocating of a building on land, or
(c) enclosing a public place in connection with the construction of a building, or
(d) erecting an advertising structure over a public road, or
(e) extending a balcony, awning, sunshade or similar structure or an essential service pipe beyond the alignment of a public road,
but does not include any act, matter or thing excluded by the regulations (either generally for the purposes of this Act or only for the purposes of specified provisions of this Act).
exempt development—see section 1.6.
function includes a power, authority or duty, and exercise a function includes perform a duty.
Housing Delivery Authority means the corporation constituted under Division 2.3A.
Independent Planning Commission means the Independent Planning Commission constituted under Part 2.
integrated development has the meaning given by section 4.46.
land includes—
(a) the sea or an arm of the sea,
(b) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or non-tidal, and
(c) a river, stream or watercourse, whether tidal or non-tidal, and
(d) a building erected on the land.
local environmental plan (or LEP)—see section 3.13(2).
local planning panel means a local planning panel constituted under Part 2.
Ministerial planning order means an order made by the Minister and published on the NSW planning portal.
NSW planning portal means the website with the URL of www.planning.nsw.gov.au, or any other website, used by the Planning Secretary to provide public access to documents or other information in the NSW planning database.
objector means a person who has made a submission under Schedule 1 by way of objection to a development application for consent to carry out designated development.
occupier includes a tenant or other lawful occupant of premises, not being the owner.
owner has the same meaning as in the Local Government Act 1993.
owner-builder has the same meaning as in the Home Building Act 1989.
person includes an unincorporated group of persons or a person authorised to represent that group.
place of shared accommodation includes a boarding house, a common lodging house, a house let in lodgings and a backpackers hostel.
Planning Ministerial Corporation means the corporation constituted under Part 2.
Planning Secretary means the Secretary of the Department of Planning and Environment.
premises means any of the following—
(a) a building of any description or any part of it and the appurtenances to it,
(b) manufactured home, moveable dwelling or associated structure within the meaning of the Local Government Act 1993,
(b1) a vehicle of any description,
(c) land, whether built on or not,
(d) a tent,
(e) a swimming pool,
(f) a ship or vessel of any description (including a houseboat).
principal contractor for building work means the person responsible for the overall co-ordination and control of the carrying out of the building work.
Note.
If any residential building work is involved, the principal contractor must be the holder of a contractor licence under the Home Building Act 1989.
prohibited development means—
(a) development the carrying out of which is prohibited on land by the provisions of an environmental planning instrument that apply to the land, or
(b) development that cannot be carried out on land with or without development consent.
provision for fire safety means provision for any or all of the following—
(a) the safety of persons in the event of fire,
(b) the prevention of fire,
(c) the detection of fire,
(d) the suppression of fire,
(e) the prevention of the spread of fire.
public authority means—
(a) a public or local authority constituted by or under an Act, or
(b) a Public Service agency, or
(c) a statutory body representing the Crown, or
(d) a Public Service senior executive within the meaning of the Government Sector Employment Act 2013, or
(e) a statutory State owned corporation (and its subsidiaries) within the meaning of the State Owned Corporations Act 1989, or
(f) a chief executive officer of a corporation or subsidiary referred to in paragraph (e), or
(g) a person prescribed by the regulations for the purposes of this definition.
public place has the same meaning as in the Local Government Act 1993.
public reserve has the same meaning as in the Local Government Act 1993.
public road has the same meaning as in the Roads Act 1993.
registered certifier means a person registered under the Building and Development Certifiers Act 2018 acting in respect of matters to which the registration applies.
