5 Definitions

(1) In this Policy:
access channel means a channel or passage:
(a)  which is within tidal waters, and

(b)  which was created by dredging or other mechanical operations, and

(c)  which provides or has provided water access to a permissible commercial, recreation or public facility, and

(d)  which provides water access to any of the following properties at Woolooware Bay between Taren Point and Shell Point:
(i)  Lot 21 DP 715660 at 33–39 Bay Road, Taren Point, or

(ii)  Lot 2 DP 816949 at 1A Atkinson Road, Taren Point, or

(iii)  Lots 131 and 132 DP 737027 at 13 and 15 Mangrove Lane, Taren Point, or

(iv)  Lot 1 DP 132973 at 17–21 Mangrove Lane, Taren Point.

accredited officer has the same meaning as in the Act.
advertising means the use of a building or place for the external display of symbols, messages or other devices for promotional purposes, whether or not the display involves the erection of a structure or the carrying out of a work.
aid to navigation means a buoy, sign, light or other structure located on a waterway or on land, which is designed to assist the safe and efficient movement of vessels on a waterway.
ANEF, in relation to land, means the Australian Noise Exposure Forecast for the land, as notified to the Council from time to time by Airservices Australia.
aquaculture means the cultivation of the resources of the sea or estuarine waters for the propagation or rearing of marine, estuarine or freshwater fish or plants or other organisms but does not include oyster farming.
archaeological site means a site described in Schedule 2.
Australian Standard 2021 means Australian Standard AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction published by Standards Australia on 10 August 2000.
bulky goods sales room or showroom means a building or place used for the retail sale (including sale by auction) or display of goods or materials (including motor powered or motor drawn vehicles and agricultural or industrial plant or machinery), where the individual units of goods or materials sold or displayed are of such a size, shape or weight as to require:
(a)  a large area for handling, storage or display, or

(b)  direct vehicular access to the site by members of the public, for the purpose of loading the goods or materials into their vehicles after purchase,
or both, but does not include a building or place used for the retail sale of food for human consumption or clothing.
bushfire hazard reduction means the reduction or modification (by burning, mechanical or manual means) of material that constitutes a bushfire hazard.
bushland vegetation mean vegetation that is either a remnant of the natural vegetation of land, or if altered, is still representative of the structure and floristics of the natural vegetation.
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 adjacent to any such noxious plants that is not avoidable during the process of destroying or removing those noxious plants.

community advertising means:
(a)  advertising of community events or community uses, or charity events, or

(b)  display of health or safety notices, or like notices, or

(c)  advertising which is ancillary to the primary legal use of community or recreational land, but is not for the purpose of advertising the sale of a product, or

(d)  display of a notice by a public authority.

complying development has the same meaning as in the Act.
Council means the Council of the Shire of Sutherland.
demolish a heritage item means wholly or partly destroy, dismantle or move the heritage item.
demolition means the partial or total destruction, dismantling or moving of a building. It includes decontamination, rehabilitation or remediation of land on which a building has been partially or totally destroyed or dismantled, or from which a building has been removed.
development control codes or design and management guidelines means those codes or guidelines prepared pursuant to clause 29 and adopted by the Council from time to time for the purpose of this Policy.
dwelling house means one dwelling on one allotment.
exempt development has the same meaning as in the Act.
existing ground level, in relation to land, means the level of the land:
(a)  in the case of land where no previous development has taken place, in its undisturbed state, or

(b)  in the case of land on which development has previously taken place, the level of the land before any demolition, construction or excavation work connected with the development occurred.

Floor Space Ratio Map means the “ State Environmental Planning Policy (Kurnell Peninsula) 1989 Floor Space Ratio Map” deposited in the office of the Department.
Front Building Line Map means the “ State Environmental Planning Policy (Kurnell Peninsula) 1989 Front Building Line Map” deposited in the office of the Department.
ground level is the ground surface of a site as it was prior to any cutting, filling or grading of the site.
hazardous industry or storage establishment means a building or place which, by reason of the nature of materials produced or used or the handling, processing, manufacture or related requirements for storage of the establishment:
(a)  requires specific safety precautions resulting in isolation from other buildings or storage establishments, or

(b)  represents a significant hazard to human health or life or property or the biophysical environment.

Height of Buildings Map means the “ State Environmental Planning Policy (Kurnell Peninsula) 1989 Height of Buildings Map” deposited in the office of the Department.
heritage item means a building, work, tree or place described in Schedule 3.
heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
home activity means a business that is ancillary to a residential use and is carried out, or partially carried out, in a dwelling or within an allotment which contains a dwelling house or dwellings, but only if:
(a)  that use is undertaken by the permanent residents, and

(b)  not more than two non-residents are employed in it at any one time, and

(c)  the use does not interfere with the amenity of adjoining properties or the locality, whether or not by the generation of vehicular traffic or parking or the emission of noise, vibration, smell or creation of some other nuisance,
but does not include a bed and breakfast establishment.
Kurnell village means the land identified as Kurnell village on the map marked “State Environmental Planning Policy—Development on Kurnell Peninsula” and deposited in the head office of the Department.
Landscaped Area Map means the “ State Environmental Planning Policy (Kurnell Peninsula) 1989 Landscaped Area Map” deposited in the office of the Department.
light industry means an industry, not being an offensive industry or a hazardous industry or storage establishment, in which the processes carried on, the transportation involved or the machinery or materials used do or does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.
Lot Size Map means the “ State Environmental Planning Policy (Kurnell Peninsula) 1989 Lot Size Map” deposited in the office of the Department.
maintenance dredging means the removal and disposal of material from the bed of an access channel to enable the access channel:
(a)  to continue to function as an access channel, or

(b)  to resume its function as an access channel,
but does not include increasing the depth, extent or area of an access channel beyond that to which the access channel has been previously formed.
map means the map marked “Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989)” deposited in the office of the Department, as amended by the maps (or if any sheets of maps are specified, by the specified sheets of the maps) deposited in the office of the Department and 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 Policy.
Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989)—(Amendment No 3)
State Environmental Planning Policy (Kurnell Peninsula) Amendment (Zoning) 2010
State Environmental Planning Policy (Kurnell Peninsula) Amendment (Zoning) 2010—Delayed Rezoning—Sheets 1–7
native plant means a plant indigenous to the Kurnell Peninsula, including trees, shrubs, ferns, vines, herbs and grasses including seagrasses indigenous to the Kurnell Peninsula.
offensive industry means an industry which, when in operation and when all proposed measures to reduce or minimise its impact have been employed, is required to be isolated from other buildings, including industrial buildings.
potential archaeological site means a site known to the Council to have archaeological potential.
recreation area means:
(a)  a children’s playground,

(b)  an area used for sporting activities or sporting facilities,

(c)  an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, and

(d)  an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:
(i)  the Council, or

(ii)  a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of persons within the community,
but does not include a racecourse or a showground.

recreation facility means a building or place used exclusively for a sporting activity, exercise, pastime or leisure activity, whether operated for the purpose of gain or not and whether used for activities, exercises or pastimes based on land or water.
relic means any deposit, object or material evidence relating to:
(a)  the use or settlement of Sutherland Shire, not being Aboriginal habitation, which is more than 50 years old, or

(b)  Aboriginal habitation of Sutherland Shire commencing before and continuing after its occupation by persons of European extraction, including human remains.

single mooring means an apparatus located on or in a waterway to which one vessel is attached.
storey means:
(a)  the space between two floors, or

(b)  the space between any floor and its ceiling or roof above, or

(c)  foundation areas, garages, workshops, storerooms and the like, where the height between ground level and the top of the floor above is 1.5 metres or more.
A storey which exceeds 4.5 metres is considered as two storeys.
subdivision has the same meaning as in the Act.
the Act means the Environmental Planning and Assessment Act 1979.
the Regulation means the Environmental Planning and Assessment Regulation 2000.
tourist facility means a building or place used or intended to be used by tourists or holidaymakers for the purposes of holiday accommodation, sport or recreation, and may include:
(a)  hotels, motels and other types of accommodation,

(b)  shops attached to or incorporated within the building or located at the place, or

(c)  facilities servicing the needs of tourists and holidaymakers using the building or place,
but does not include a caravan park.
toxic industry means an industry which manufactures, utilises or produces as a by-product any substance (other than in a minor or insignificant amount) which, when introduced into or absorbed by a living organism, including by low-level chronic exposure, destroys life or injures health or which may interact with other substances to cause such an effect.
utility undertaking means an undertaking by a public utility for the purposes of the supply of water, electricity or gas, or the provision of sewerage or drainage services or communications installations.
waste disposal means:
(a)  the use of a building or place for the purpose of treating, storing or disposing of any waste, as defined by the Waste Disposal Act 1970, other than a building or place used for the treatment, storage or disposal of waste resulting from any other activity carried out on the same land, or for the purposes of a depot registered with the Environment Protection Authority for the receipt of natural excavated material and demolition materials as approved by that Authority, and

(b)  the use of any bore or excavation that is connected with the underlying shallow groundwater system for disposal of wastes.

waterbody means:
(a)  a natural waterbody, including:
(i)  a lake or lagoon either naturally formed or artificially modified, or

(ii)  a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the stream, or

(iii)  tidal waters including any bay, estuary or inlet, or

(b)  an artificial waterbody, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake, but does not include a dry detention basin or other construction that is only intended to hold water intermittently.

wetland areas means the land as shown by black hatching and heavy black edging on sheet 3 of the map.
works associated with or ancillary to oyster farming means any structure that is used in the oyster farming industry which relates to the purification, processing or packaging of oysters for wholesale distribution, but which is not used in the direct sale of oysters to the public.
zone means land shown on the map in some distinctive manner for the purpose of indicating the restrictions imposed by this Policy on the development of the land.
(2) In this Policy:
(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 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.

(3) The matter “WS & D”, where appearing on the map, means Sydney Water Corporation purposes.
(4) The zoning of the land shown on each sheet of the map marked “State Environmental Planning Policy (Kurnell Peninsula) Amendment (Zoning) 2010—Delayed Rezoning” (the delayed land) does not have effect until a date specified by the Minister by order published in the Gazette in respect of that sheet.
(5) The Minister must not make such an order in respect of the delayed land unless the Minister is satisfied that the land:
(a)  is vested in the Council, and

(b)  has been remediated and is suitable for the purposes for which it is being rezoned.

(6) Until such time as an order takes effect under this clause, the zone applying to the delayed land remains the zone applying to that land shown on the map.
(7) On the publication of an order made under this clause, the map is amended as shown by each of those sheets.