Aboriginal object means any deposit, object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises the Shellharbour City local government area, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
acid sulfate soils means actual or potential acid sulfate soils as defined in the Acid Sulfate Soils Assessment and Management Guidelines and as shown coloured and numbered on Sheets 1 and 2 of the map marked “Acid Sulfate Soil Planning Map—Albion Park and Kiama” deposited in the office of the Department, a copy of which is deposited in the office of the Council.
acid sulfate soils assessment and management guidelines means the Acid Sulfate Soils Assessment and Management Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director.
advertisement means a display by the use of symbols, messages or other devices 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, but does not include an identification sign, a property for sale sign or a road traffic sign or signal or the like.
airport related industry means an industry that—
(a) requires access to an airport, or
(b) services an industry that requires access to an airport.
amusement park means a commercially run area where amusements and mechanical entertainments such as merry-go-rounds and the like are situated.
animal boarding, breeding or training establishment means a building or place where cats or dogs are bred, trained, nurtured or accommodated for gain or reward.
appointed day means the day on which this plan takes effect.
aquaculture means the commercial production, including breeding, hatching, rearing or cultivation of marine, estuarine or fresh water organisms, including aquatic plants or animals (such as fin fish, crustaceans, molluscs or other aquatic vertebrates).
archaeological site means the site of one or more relics or Aboriginal objects.
backpackers inn means a building (other than a motel or bed and breakfast) substantially used for the shared overnight accommodation of travellers, whether or not the building is also used for the provision of meals for those travellers.
bed and breakfast means a lawfully erected dwelling house occupied for permanent residential purposes in which a maximum of three rooms are made available by the residents for temporary holiday accommodation.
brothel means premises habitually used for the purposes of prostitution. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.
bulky goods means large goods which, in the opinion of the Council, are of such a size, weight or shape as to require a large area for handling, storage or display, but does not include food and grocery items.
bus depot means a building or place used for the servicing, repairing and garaging of buses and other vehicles used for the purpose of a bus transport undertaking.
car repair station means a building or place used for carrying out repairs to motor vehicles or agricultural machinery, not being—
(a) vehicle body building,
(b) panel beating which involves dismantling, or
(c) spray painting other than of a touching-up character.
child care centre means a building or place used for the supervision of or caring for children, and which—
(a) caters for 6 or more pre-school age children, whether or not those children are related to the owner or operator of the child care centre, and
(b) may include an educational function, and
(c) may be operated for gain,
but does not include a building or place providing residential care for those children.
clearing of land means any manner of destruction of a tree, shrub or plant on the land, but does not involve the destruction of any tree, shrub or plant—
(a) that is required or expressly authorised by or in pursuance of the provisions of any Act or statutory instrument or by any statutory authority in pursuance of the provisions of any Act or statutory instrument, or
(b) where the destruction is necessary in an emergency to prevent the spread of fire or in circumstances where the tree, shrub or plant presents a danger to life or property, or
(c) where the destruction is necessary to enable the carrying out of a development granted consent.
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 elsewhere specifically defined in this Schedule or a building or place used for a land use elsewhere specifically defined in this Schedule.
community facility means a building or place that does not require registration under the Registered Clubs Act 1976 and that is used to provide for the physical, cultural or intellectual development or welfare of the local community.
community land means land classified as community land within the meaning of the Local Government Act 1993.
conservation management plan means a document prepared in accordance with the requirements of the Heritage Office that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
Council means the Council of the City of Shellharbour.
demolish a heritage item, or a building, work, archaeological site, relic, Aboriginal object, tree or place within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the building, work, archaeological site, relic, Aboriginal object, tree or place.
Department has the same meaning as in the Act.
development has the same meaning as in the Act.
Director-General means the Director-General of the Department.
drainage of land means the natural or engineered flow of water from the land into natural or engineered channels or water bodies, or both.
dual occupancy means two dwellings (whether attached or detached) on a single allotment of land (or which would be on a single allotment were it not for the fact that the allotment is to be subdivided as part of the development).
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 one but not more than one dwelling.
educational establishment means a building used as a school, college, technical college, university, academy, training facility, lecture hall, gallery, museum, display centre or the like but does not include a building used wholly or principally as an institution or child care centre.
extractive industry means—
(a) the winning of extractive material, or
(b) an industry or undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried out, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.
extractive material means sand, gravel, clay, soil, rock, stone or similar substance, but does not include turf or any sand, soil or other substance remaining attached to turf after the extraction of turf is carried out.
filling means the placement of fill, other than placement of fill material referred to in the definition of canal estate development under clause 95, independently of other development for which consent has been granted on an area—
(a) within 40 metres of a water course, or
(b) to a depth greater than 1 metre above existing ground level and over an area exceeding 100 square metres on land within Zone 1 (a), or
(c) to a depth greater than 200mm above existing ground level on land within any zone other than Zone 1 (a), or
(d) where natural drainage to an adjacent property will be affected.
gas holder means a container designed to hold more than 500 litres of liquid petroleum gas.
general agriculture means the keeping of livestock, where the stocking rate is not above that of the demonstrated carrying capacity of the land, and rain fed cropping, where fertiliser and irrigation may be applied from time to time. It may consist of or include grazing of beef or dairy cattle, deer farming or cereal cropping. It also includes pasture improvement and the like, and the erection and use of ancillary buildings, but does not include a land use elsewhere specifically defined in this Schedule.
general store means a shop used for the sale by retail of general merchandise. It may include the facilities of a post office, dry cleaning agency, financial agency or the like.
generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.
health care professional means a person who renders professional health services to members of the public, and includes a podiatrist, a chiropodist, a chiropractor, a physiotherapist and an optometrist.
heavy industry means an industry, not being an extractive, light, offensive, hazardous or rural industry.
helipad means an area or place not open to public use which is authorised by the Commonwealth Department of Transport and which is set apart for the taking off and landing of helicopters.
heliport means an area or place open to public use which is licensed by the Commonwealth Department of Transport for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.
heritage conservation area means an area of land described in Schedule 2 and shown edged heavy red with diagonal hatching and marked “Heritage Conservation Area” on the map and includes buildings, works, archaeological sites, relics, Aboriginal objects, trees and places situated on or within the land.
heritage impact statement means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, archaeological site, tree or place within a heritage conservation area, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.
heritage item means—
(a) a building, work, relic, Aboriginal object, archaeological site, moveable object, tree or place (which may or may not be situated on or within land that is a heritage conservation area) 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 3 and shown by broken red edging and numbered in red on the map, 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.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
home-based child care means a child minding service, within the meaning of the Children (Care and Protection) Act 1987, carried on in a dwelling erected with development consent, being a service that is either—
(a) a home-based child care service, within the meaning of the Home-based Child Care Services Regulation 1989, carried on in accordance with that Regulation, or
(b) a care giving service, within the meaning of the Family Day Care Services Regulation 1989, carried on in accordance with that Regulation.
home business means a business carried on from the allotment that is the site of a lawfully erected dwelling house, where—
(a) the majority of the business is carried on away from the dwelling house, with the dwelling house and its outbuildings and curtilage being used primarily as a base or office, and
(b) the business will not—
(i) interfere with the amenity of the neighbourhood by reason of traffic generation, noise or otherwise, or
(ii) involve the exposure to view from any adjacent premises or from any public place of any goods associated with the business or any unsightly matter, or
(iii) involve the parking of heavy vehicles either on or adjacent to the property, or
(iv) involve the employment of persons other than the permanent residents of the dwelling house at the base or office, and
(c) the dwelling house continues to be used for permanent residential occupation by the person carrying out the business.
home occupation means an occupation or industry carried on from the allotment that is the site of a lawfully erected dwelling, where—
(a) the dominant use of the allotment remains that for which the land is zoned, and
(b) two car parking spaces will be provided on the allotment, at least one of which is behind the building line, and
(c) the floor space of the building or the area used for the occupation or industry does not exceed 50 square metres and is located within the curtilage of the dwelling, and
(d) the occupation or industry does not—
(i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
(ii) involve exposure to view from any adjacent premises or from any public place of any unsightly matter or any goods, or
(iii) require the provision of any essential service main of a greater capacity than that available in the locality, or
(iv) involve the exhibition of any notice, advertisement or sign other than a single notice to indicate the name, occupation and contact number of the resident, or
(v) employ more than one person who is not a permanent resident of the dwelling, or
(vi) involve the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.
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, care for people with developmental disabilities, psychiatric care or counselling and 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 a shop, refreshment rooms, accommodation, research or educational facilities or a dispensary used in conjunction with that use.
hotel means premises to which a hotelier’s licence granted under the Liquor Act 1982 relates.
(b) the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business.
institution means a penal or reformative establishment.
intensive horticulture means a building or place used for the growing of plants, including vegetables, flowers, vines, fruit and the like, where application of water and fertiliser is significantly over and above that naturally occurring, but not produce grown for the consumption or enjoyment of the owner or occupier of the land.
intensive livestock keeping means a building or place used to hold livestock for the purpose of breeding and/or nurturing by a feeding method other than natural grazing and includes—
(a) poultry farms, or
(b) fish farms, or
(c) horse training and boarding establishments, and
(d) piggeries,
and the like, but does not include a building or place elsewhere specifically defined in this Schedule or used for the keeping of livestock for personal consumption or enjoyment by the owner or occupier of the land.
Jamberoo Valley Escarpment Area means the land shown hatched and labelled “Jamberoo Valley Escarpment Area” on the map.
Jamberoo Valley Rural Conservation Area means the area of land shown hatched and labelled ‘Jamberoo Valley Rural Conservation Area’ on the map.
junk yard means land used for the collection, storage, dismantling or sale of scrap metals, vehicles or machinery or parts of vehicles or machinery.
light industrial retail outlet means a shop the use of which is ancillary to the principal use of the land on which it is located and—
(a) which is used in conjunction with a light industry or warehouse on land within Zone 4 (a), 4 (a3) or 4 (f), and
(b) which is situated on the land on which the light industry or warehouse is located, and
(c) in which are sold only goods that have been assembled, manufactured or stored on the land on which the shop is situated;
light industry means an industry, not being an extractive, rural, heavy, offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of nearby residential neighbourhoods 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.
main or arterial road means a main road, state highway, freeway or tollway within the meaning of the Roads Act 1993.
maintenance means, in relation to a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area, the ongoing protective care of the heritage item, building, work, archaeological site, tree or place. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
medium density housing means a building or group of buildings containing 3 or more dwellings located on a single parcel of land.
mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on which, in which or by which any operation is carried on for or in connection with obtaining any metal or mineral by any method and any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.
mineral sand mine means a mine used for or in connection with obtaining ilmenite, monazite, rutile, zircon or similar minerals.
Minister means the Minister responsible for the administration of the Act.
motel means a building or buildings (other than a hotel, backpackers inn or bed and breakfast) substantially used for the overnight accommodation of travellers and the vehicles used by them, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.
motor showroom means a building or place used for the display or sale of motor vehicles, caravans, boats or trailers, whether or not motor vehicle accessories, caravan accessories, boat accessories or trailer accessories are also sold or displayed there.
moveable object means a moveable object that is not a relic or an Aboriginal object.
offensive or hazardous industry means an industry which by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.
operational land means land classified as operational land within the meaning of the Local Government Act 1993.
passenger terminal means a building or place used for the assembly and dispersal of passengers travelling by a passenger transport carrier.
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 can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purpose of gain or not, but does not include a place of public worship, an institution or an educational establishment.
place of public worship means a building or place used primarily for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, religious training or social events related to the functioning of the building.
plantation forestry includes the use of a cleared site for the purpose of arboriculture, silviculture, forest protection, the cutting, dressing and preparation, otherwise than in a sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection.
plant nursery means a building or space used for the growing and wholesale or retail selling of plants whether or not ancillary products are sold there.
professional consulting rooms means a room or a number of rooms forming either the whole of or part of, attached to or within the curtilage of, a dwelling house and used by not more than three legally qualified medical practitioners or by not more than three dentists, or by not more than three health care professionals, who practise there the profession of medicine, dentistry or health care respectively and, if more than one, practice in partnership, and who employ not more than three employees in connection with that practice.
public 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.
public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act—
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a Council, County Council, Government Department, corporation, firm or authority carrying on the undertaking.
quarry buffer area means the area of land shown hatched and labelled “Quarry Buffer Area” on the map.
racecourse means a place used for the organised racing of animals or vehicles and includes ancillary buildings and facilities.
recreation area means—
(a) a children’s playground, or
(b) an area used for sporting activities or sporting facilities, or
(c) an area used to provide facilities for or ancillary to recreational activities that promote the physical, cultural or intellectual welfare of persons within the community,
but does not include a racecourse or a showground.
recreation establishment means health farms, religious retreat houses, youth camps and the like but does not include a building or place elsewhere specifically defined in this Schedule or a building or place used for a land use elsewhere specifically defined in this Schedule.
recreation facility means a building or place used for indoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building of a like character used for recreation, whether used for the purpose of gain or not, but does not include a place of assembly.
refreshment room means a restaurant, café, tea room, eating house or the like.
relic means any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the Shellharbour City local government area and that is a fixture or is wholly or partly within the ground.
roadside stall means a building or place not exceeding 20 square metres in floor space or area respectively where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.
road transport terminal means a building or place used mainly for the bulk handling of goods for transport, and includes facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.
rural industry means handling, treating, processing or packing of primary products and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality.
sawmill means a mill handling, cutting, and processing timber from logs or baulks.
service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil and other petroleum products whether or not the building or place is also used for any one or more of the following—
(a) the sale by retail of spare parts and accessories for motor vehicles,
(b) washing and greasing of motor vehicles,
(c) installation of accessories,
(d) repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating or spray painting, or suspension, transmission or chassis restoration).
shop means a building or place used for selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this Schedule.
showground means an area used to present organised cultural events to the public and may include both indoor and outdoor facilities for exhibitions and festivities.
stock and sale yard means a building or place used for offering animals for sale and includes a public cattle market.
the map means the maps marked “Shellharbour Local Environmental Plan 2000”, as amended by the maps (or specified sheets of 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.
Shellharbour Local Environmental Plan 2000—Amendment No 2
Shellharbour Local Environmental Plan 2000 (Amendment No 6).
Shellharbour Local Environmental Plan 2000—Amendment No 7
Shellharbour Local Environmental Plan 2000 (Amendment No 8)—Sheet 2
Shellharbour Local Environmental Plan 2000 (Amendment No 10)
Shellharbour Local Environmental Plan 2000 (Amendment No 11)
Shellharbour Local Environmental Plan 2000 (Amendment No 12)
Shellharbour Local Environmental Plan 2000 (Amendment No 14)
Shellharbour Local Environmental Plan 2000 (Amendment No 15)—Sheet 1
timber yard means a place or building used for the storage, treatment and sale of timber products.
tourist facility means an establishment providing holiday accommodation or recreational facilities, or both, on a short term use basis, and may include—
(a) a hotel, motel, bed and breakfast accommodation, backpackers inn, serviced apartments, holiday cabins, a caravan park, camping ground, houseboat, and any associated swimming pool, golf course, tennis court and marina,
(b) a restaurant, and
(c) a souvenir shop, arts and craft gallery and exhibition centre.
turf farm means a place where the cultivation and extraction of turf is carried out.
utility installation means a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.
vacant original holding means a parcel of land, whether comprising one or any combination of contiguous lots or portions, held in one ownership as at 31 May 1974 and on which no dwelling house is erected.
veterinary surgery means a building or place used for the treatment of the diseases and injuries of animals, and includes a building or place used for the purpose of an animal hospital.
warehouse means a building or place used for the storage of goods, merchandise or materials.
waste means—
(a) any substance (whether solid, liquid, or gaseous) that is discharged, emitted or deposited in the environment in such volume, constituency or manner as to cause an alteration in the environment, or
(b) any discarded, rejected, unwanted, surplus or abandoned substance, or
(c) any otherwise discarded, rejected, unwanted, surplus, or abandoned substance intended for sale or for recycling, reprocessing, recovery or purification by separate operation from that which produced the substance, or
A substance is not precluded from being waste merely because it can be reprocessed, re-used or recycled.
waste management facilities or works means any premises used for the storage, treatment, reprocessing, recycling, sorting or the disposal of waste.
wetland improvement means the creation, enhancement, regeneration or maintenance of wetlands and any related or ancillary development, whether the wetland is natural or artificial and whether or not the wetland forms part of an integrated drainage system.