Division 5Division 5 Approvals relating to activities on community land and public roads and other activities
49 Approval for the use of loudspeaker or amplifying device on community land not required in certain circumstances
A loudspeaker or sound amplifying device may be set up, operated or used on community land without the prior approval of the council if it is done in accordance with a notice erected on the land by the council or if it is done in the circumstances specified, in relation to the setting up, operation or use (as the case may be), in Part 1 of the local approvals policy applying to the land.
50 Matters for consideration by council in determining whether to approve applications relating to public roads
In determining an application for an approval under Part E of the Table to section 68 of the Act the council must take into account:(a) the provisions of the Roads Act 1993, and(b) any relevant standards and policies of public authorities applying to the use of the road.
51 Compliance with standards—approvals relating to public roads
It is a condition of an approval referred to in Part E of the Table to section 68 of the Act that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with any applicable standards established by this Regulation or by any regulation in force under the Act or the Environmental Planning and Assessment Act 1979.
Subdivision 3 Public car parks
52 Matters to accompany applications relating to the operation of a public car park
An application to operate a public car park must be accompanied by the following:(a) 3 copies of a plan that sufficiently identifies the land concerned and the streets to which the land has frontage and, if the car park comprises the whole or part of a building, describes the building, its location on the site and any other purpose for which it is to be used,(b) details of the number of vehicles proposed to be accommodated in the car park and the manner in which this is to be done,(c) details of the means or proposed means of entry to or exit from the car park and as to the method of movement within the car park,(d) details of the off-street parking facilities available for the temporary accommodation of vehicles awaiting access to the car park,(e) details of ventilation to be provided if it is a building,(f) details of any petrol or oil or any motor service facilities to be provided in the car park,(g) details of the proposed hours of operation of the car park and as to the method or proposed method of receiving the fee or charge and the location or proposed location of any facility for receiving the fee or charge.
53 Matters to be taken into consideration by council in determining whether to approve the operation of a public car park
In determining an application for approval to operate a public car park the council is to take the following matters into consideration:(a) the Roads and Traffic Authority’s views about the application,(b) the effect of the car park on the movement of vehicular traffic and pedestrian traffic,(c) whether the number of vehicles proposed to be accommodated is appropriate having regard to the size of the car park and the need to provide off-street parking facilities within the car park for the temporary accommodation of vehicles,(d) whether the means of ingress and egress and means of movement provided or to be provided within the car park are satisfactory,(e) whether there will be adequate provision for pedestrian safety and access for people with disabilities,(f) whether the internal design of parking facilities and system of traffic management are satisfactory,(g) whether, in the case of a car park that is a building, adequate ventilation is provided or to be provided,(h) the Occupational Health and Safety Act 2000, and the regulations made under that Act, as regards the safety of persons who will be employed at the proposed car park or of persons who will go there,(i) whether there will be adequate provision for the management of stormwater and the minimisation of stormwater pollution.
54 Standards to be met for approval
The council must not grant an application for an approval to operate a public car park unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards established by this Regulation or by or under the Act.
It is a condition of an approval to operate a public car park that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with any applicable standards established by this Regulation or by any regulation in force under the Act or the Environmental Planning and Assessment Act 1979.
The council may, as a condition of an approval to operate a public car park, specify the maximum number of vehicles that may be parked at any one time.
57 Entries, exits and driveways
(1) Vehicles must not enter and leave a public car park through the one driveway. Vehicles must not enter or leave a public car park except through the entrance or exit openings provided.(2) Entrances, exits and driveways are to be provided and arranged, maintained and operated so as to facilitate the orderly entrance and exit of vehicles.(3) Exits must not be blocked by gates and other obstacles while the car park is open to the public.
All traffic ramps, parking spaces, entrances, exits, driveways and holding areas are to be surfaced with material approved by the council.
Land used as a public car park must be fenced to a height determined by the council and with materials approved by the council.
A public car park is, while open to the public, to be lit to the satisfaction of the council.
A vehicle is not to be permitted to park in a public car park unless any petrol tank on the vehicle is fitted with a turn cap or seal that is kept closed except when opened for the purpose of refuelling.
A public car park must be provided with a sufficient number of fire extinguishers. The fire extinguishers must be emptied and recharged every 6 months.
Notices must be displayed in a public car park directing that vehicles are to be driven at a speed not greater than 8 kilometres per hour.
A public road must not be used for the purpose of holding or marshalling vehicles in connection with a public car park.
65 Concurrence required for operation of public car park
The council must not grant an application for approval to operate a public car park except with the concurrence of the Roads and Traffic Authority, given having regard to its functions under the road transport legislation (within the meaning of the Road Transport (General) Act 1999 or, after the repeal of that Act, the Road Transport (General) Act 2005) and the Roads Act 1993. The Authority may give concurrence subject to conditions.
66 Approval for operation of public car park not required in certain circumstances
(1) A public car park may be operated without the prior approval of the council if approval for its erection or operation has already been given by the council in connection with another approval or development consent and the car park complies with any applicable conditions of that approval or development consent.(2) In this clause, development consent has the same meaning as it has in the Environmental Planning and Assessment Act 1979.
Subdivision 4 Domestic oil or solid fuel heating appliances
67 Standards to be met for approval
The council must not grant an application for an approval to install a domestic oil or solid fuel heating appliance (other than a portable appliance) unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards established by this Regulation or by or under the Act.
It is a condition of an approval to install a domestic oil or solid fuel heating appliance (other than a portable appliance) that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with any applicable standards established by this Regulation or by or under the Act.
69 Adoption of Building Code of Australia
(1) All matters relating to the installation of a domestic oil or solid fuel heating appliance (other than a portable appliance) are to be governed by the applicable provisions of the Building Code of Australia.(2) In this clause:Building Code of Australia has the same meaning as it has in the Environmental Planning and Assessment Act 1979.
(3) For the purposes of this clause:(a) a reference in the Building Code of Australia to the appropriate authority is a reference to the relevant authority exercising approval powers under the Act, and(b) the reference in the Building Code of Australia in the definition of Certificate of Accreditation to a State or Territory accreditation authority is a reference to the Director-General when exercising his or her functions under Division 5 of Part 1 of Chapter 7 (sections 120–123B) of the Act.
70 Approval for installation of domestic oil or solid fuel heating appliance not required in certain circumstances
A domestic oil or solid fuel heating appliance (other than a portable appliance) may be installed without the prior approval of the council if details of the appliance are included in plans and specifications for the relevant building approved under Part 4A of the Environmental Planning and Assessment Act 1979.
Subdivision 5 Amusement devices
71 Activities for which approval is not required
Amusement devices not required to be registered under the Occupational Health and Safety Regulation 2001 may be installed or operated without the prior approval of the council.Note. See the Table to clause 113 of the Occupational Health and Safety Regulation 2001 for the items of plant that are required to be registered.
72 Standards to be met for approval
The council must not grant an application for an approval to install or operate an amusement device unless it is satisfied:(a) that the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason, and(b) that the device is registered under the Occupational Health and Safety Regulation 2001, and(c) that the device is to be or has been erected in accordance with all conditions (if any) relating to its erection set out in the current certificate of registration issued for the device under that Regulation, and(d) that there exists for the device a current log book within the meaning of Chapter 5 of that Regulation, and(e) that there is in force a contract of insurance or indemnity for the device that complies with clause 74.
It is a condition of an approval to install or operate an amusement device, that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with the following standards:(a) the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason,(b) the device is registered under the Occupational Health and Safety Regulation 2001,(c) all conditions (if any) subject to which the device is so registered and all relevant requirements of that Regulation are complied with,(d) the device is installed (including erected) and operated in a safe manner.
It is a condition of an approval to install or operate an amusement device that there must be in force a contract of insurance or indemnity that indemnifies to an unlimited extent (or up to an amount of not less than $10,000,000 in respect of each accident) each person who would be liable for damages for death or personal injury arising out of the operation or use of the device and any total or partial failure or collapse of the device against that liability.
75 Approval for installation or operation of small amusement devices not required in certain circumstances
(1) In this clause, small amusement device means an amusement device that is designed primarily for the use of children 12 years of age or under and includes such amusement devices as mini-Ferris wheels, battery operated cars and miniature railways but, in the case of rotating amusement devices, includes only those devices that have a maximum rotation of 14 revolutions per minute.(2) A small amusement device may be installed or operated without the prior approval of the council if:(a) the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason, and(b) the device is registered under the Occupational Health and Safety Regulation 2001, and(c) the device:(i) is to be or has been erected, and(ii) it to be or is being operated,in accordance with all conditions (if any) relating to its erection or operation set out in the current certificate of registration issued for the device under that Regulation, and(d) there exists for the device a current log book within the meaning of Chapter 5 of that Regulation, and(e) in the case of a device that is to be or is installed in a building, fire egress is not obstructed, and(f) there is in force a contract of insurance or indemnity for the device that complies with clause 74.
Subdivision 6 Domestic greywater diversion
75A Approval required for domestic greywater diversion
(1) For the purposes of item 10 of Part F of the Table to section 68 of the Act, domestic greywater diversion is prescribed as an activity that requires the prior approval of the council.(2) However, domestic greywater diversion may be carried out without the prior approval of the council if:(a) it is carried out in accordance with the Plumbing and Drainage Code of Practice, and(b) a sewage management facility is not installed on the premises concerned, and(c) the following performance standards are achieved:(i) the prevention of the spread of disease by micro-organisms,(ii) the prevention of the spread of foul odours,(iii) the prevention of contamination of water,(iv) the prevention of degradation of soil and vegetation,(v) the discouragement of insects and vermin,(vi) ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,(vii) the minimisation of any adverse impacts on the amenity of the premises concerned and surrounding lands.(3) Failure to comply with subclause (2) (c) is not a breach of that performance standard if the failure was due to circumstances beyond the control of the person carrying out the domestic greywater diversion.(4) In this clause:domestic greywater diversion means the installation and operation of a system for diverting greywater generated on residential premises to a garden or lawn on those premises, but does not include the manual collection and re-use of greywater (for example, by means of a bucket or similar receptacle).
greywater means waste water from washing machines, laundry tubs, showers, hand basins and baths, but does not include waste water from a kitchen, toilet, urinal or bidet.
residential premises does not include premises comprising more than one dwelling.