New South Wales Consolidated Acts New South Wales Consolidated ActsNote : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
"adjoining" , in relation to an area, means abutting or separated only by a
public reserve, road, river, watercourse, or tidal or non-tidal water, or
other like division.
"alcohol" means ethanol, any liquid containing ethanol and any liquor within
the meaning of the Liquor Act 2007 .
"alcohol-free zone" means a zone operating under Part 4 of Chapter 16 as an
alcohol-free zone.
"amusement device" means an amusement device that is high risk plant within
the meaning of clause 6 of Schedule 1 to the Work Health and Safety Act 2011 ,
and includes any other device that is declared by the regulations to be an
amusement device for the purposes of this Act.
"applicable filming protocol" , in relation to a council, is defined in
section 119D.
"approval" means an approval that is in force under this Act.
"approved fee" means--
(a) in relation to a fee to which Division 2 of Part 10 of Chapter 15 applies, a fee determined by the council in accordance with that Division, or
(b) in relation to a fee to which Division 3 of Part 10 of Chapter 15 applies--(i) the fee prescribed by the regulations for the purposes of the provision in relation to which the expression is used or determined by the council in accordance with any such regulations, or(ii) if no such regulations are in force, the fee (if any) determined by the Director-General for the purposes of the provision in relation to which the expression is used, or(iii) if no such regulations are in force and no fee is determined by the Director-General, the fee (if any) determined by the council for the purposes of the provision in relation to which the expression is used.
(a) the form prescribed by the regulations for the purposes of the provision in relation to which the expression is used, or
(b) if no such form is prescribed, the form (if any) approved by the Director-General for the purposes of the provision in relation to which the expression is used, or
(c) if no such form is prescribed and no form is approved by the Director-General, the form approved by the council for the purposes of the provision in relation to which the expression is used.
(a) the standards prescribed by the regulations for the purposes of the provision in relation to which the expression is used, or
(b) if no such standards are prescribed, the standards (if any) determined by the Director-General for the purposes of the provision in relation to which the expression is used, or
(c) if no such standards are prescribed or determined by the Director-General, the standards (if any) determined by the council for the purposes of the provision in relation to which the expression is used.
(a) a carport, garage, shed, pergola, verandah or other structure designed to enhance the amenity of a moveable dwelling and attached to or integrated with, or located on the same site as, the dwelling concerned, or
(b) a separating wall between 2 moveable dwellings.
(a) an employee of a council generally or specially authorised by the council in respect of or whose duty it is to deal with, or to act in regard to, any acts, matters or things in relation to which the expression is used, or
(b) a police officer.
(a) to maintain and repair coastal protection works, or
(b) to manage the impacts of such works (such as changed or increased beach erosion elsewhere),but does not include a service that relates to temporary coastal protection works.
Note :
"common" , as defined in the Commons Management Act 1989 , means--(a) a parcel of land which, on or before 1 February 1909, had, by any instrument made by the Governor, been set aside as a common for the use of the inhabitants of any specified locality or the cultivators or farmers of any locality in which the parcel of land is situated, or(b) any parcel of land which, after that date, has been set aside by the Governor or the Minister as a common or for pasturage for the use of the inhabitants of a specified locality,but does not include such a parcel where the setting aside of the common has been revoked or otherwise terminated.
(a) means the council of an area, and includes an administrator, and
(b) in Part 11 of Chapter 15, includes the Lord Howe Island Board constituted under the Lord Howe Island Act 1953 .
(a) a debt arising from a loan of money, or
(b) a debt arising from the supply of goods or services.
(a) the first election for an area after its constitution, or
(b) an ordinary election, or
(c) a by-election to fill a casual vacancy, or
(d) a fresh election ordered under this Act as a consequence of the declaration of all civic offices in relation to a council to be vacant, or
(e) an election authorised under this Act for an area the council of which has been declared to be non-functioning.
(a) who is a member of a class of persons prescribed by the regulations, and
(b) who occupies that dwelling as his or her sole or principal place of living.
Note :
"environmental planning instrument" , as defined in the Environmental Planning and Assessment Act 1979 , means a State environmental planning policy, a regional environmental plan, or a local environmental plan, and except where otherwise expressly provided by that Act, includes a deemed environmental planning instrument.
"deemed environmental planning instrument" , as defined in that Act, means a former planning instrument referred to in clause 2 of Schedule 3 to the Miscellaneous Acts (Planning) Repeal and Amendment Act 1979 and includes an instrument referred to in clause 3(2) of that Schedule.
(a) still photography, or
(b) video recording of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c) recording for the immediate purposes of a television program that provides information by way of current affairs or daily news, or
(d) any act or thing prescribed by the regulations as not being filming.
(a) is the spouse or de facto partner of that eligible pensioner, or
(b) is another eligible pensioner, or
(c) if another eligible pensioner and his or her spouse or de facto partner have the same sole or principal place of dwelling, is the spouse or de facto partner of that other eligible pensioner,and whose sole or principal place of living is the same as that of that firstmentioned eligible pensioner.
(a) means--(i) the land value of the land as determined in accordance with the Valuation of Land Act 1916 , except as provided by paragraph (b), or(ii) in the case of a stratum, the land value of the stratum as determined in accordance with the Valuation of Land Act 1916 , and
(b) in Division 2 of Part 8 of Chapter 15, means--(i) except as provided by subparagraph (ii), the land value of the land after deducting from that land value the amount of any allowance made in respect of the land under Division 3 of Part 1B of the Valuation of Land Act 1916 , or(ii) if the land is land to which section 598 applies, the land rating factor of the land determined in accordance with that section after deducting from that land rating factor the amount of any allowance made in respect of the land under Division 3 of Part 1B of the Valuation of Land Act 1916 .
(a) includes an original lease, derivative lease or an under-lease or an agreement for any of them, and extends to any case where there is the relation of landlord and tenant, whether there is or is not any instrument in writing, and
(b) in relation to Crown land, land owned by or vested in the Crown or land within a State forest--includes a licence, permit, permissive occupancy or authority (other than a licence under the Forestry Act 2012 or a forest permit under that Act that authorises grazing for a period of less than 12 months, bee-farming or any other activity that does not involve the occupation of a State forest), and land occupied under a mineral claim under the Mining Act 1992 is taken for the purposes of this Act to be held under a lease by the person in lawful occupation, under the mineral claim, of the land.
(a) an original lessee, derivative lessee or under-lessee and any person deriving title under or from a lessee or under-lessee, and
(b) the holder of a mineral claim under the Mining Act 1992 .
(a) that comprises one or more major sections, and
(b) that is not a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013 ,and includes any associated structures that form part of the dwelling.
(a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b) a manufactured home, or
(c) any conveyance, structure or thing of a class or description prescribed by the regulations for the purposes of this definition.
(a) a person having the charge, management or control of premises, and
(b) in the case of a building which is let out in separate occupancies or a lodging house which is let out to lodgers, the person receiving the rent payable by the tenants or lodgers, either on his or her own account or as the agent of another person,and, in the case of a vessel, means the master or other person in charge of the vessel.
(a) in relation to Crown land, means the Crown and includes--(i) a lessee of land from the Crown, and(ii) a person to whom the Crown has lawfully contracted to sell the land but in respect of which the purchase price or other consideration for the sale has not been received by the Crown, and
(b) in relation to land other than Crown land, includes--(i) every person who jointly or severally, whether at law or in equity, is entitled to the land for any estate of freehold in possession, and(ii) every such person who is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession, or otherwise, and(iii) in the case of land that is the subject of a strata scheme under the Strata Schemes Development Act 2015 , the owners corporation for that scheme constituted under the Strata Schemes Management Act 2015 , and(iv) in the case of land that is a community, precinct or neighbourhood parcel within the meaning of the Community Land Development Act 2021 , the association for the parcel, and(v) every person who by this Act is taken to be the owner, and
(c) in relation to land subject to a mining lease under the Mining Act 1992 , includes the holder of the lease, and
(d) in Part 2 of Chapter 7, in relation to a building, means the owner of the building or the owner of the land on which the building is erected.
(a) a building of any description or any part of it and the appurtenances to it,
(b) land, whether built on or not,
(c) a shed or other structure,
(d) a tent,
(e) a swimming pool,
(f) a ship or vessel of any description (including a houseboat),
(g) a van.
Ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes. Ecologically sustainable development can be achieved through the implementation of the following principles and programs--(a) the precautionary principle--namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
In the application of the precautionary principle, public and private decisions should be guided by--(i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and(ii) an assessment of the risk-weighted consequences of various options,(b) inter-generational equity--namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations,(c) conservation of biological diversity and ecological integrity--namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration,(d) improved valuation, pricing and incentive mechanisms--namely, that environmental factors should be included in the valuation of assets and services, such as--(i) polluter pays--that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement,(ii) the users of goods and services should pay prices based on the full life cycle of costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste,(iii) environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.
(a) a public road, or
(b) land to which the Crown Land Management Act 2016 applies, or
(c) a common, or
(d) a regional park under the National Parks and Wildlife Act 1974 .
(a) a public reserve, public bathing reserve, public baths or public swimming pool, or
(b) a public road, public bridge, public wharf or public road-ferry, or
(c) a Crown reserve comprising land reserved for future public requirements, or
(d) public land or Crown land that is not--(i) a Crown reserve (other than a Crown reserve that is a public place because of paragraph (a), (b) or (c)), or(ii) a common, or(iii) land subject to the Trustees of Schools of Arts Enabling Act 1902 , or(iv) land that has been sold or leased or lawfully contracted to be sold or leased, or
(e) land that is declared by the regulations to be a public place for the purposes of this definition.
(a) a public park, or
(b) any land conveyed or transferred to the council under section 340A of the Local Government Act 1919 , or
(c) any land dedicated or taken to be dedicated as a public reserve under section 340C or 340D of the Local Government Act 1919 , or
(d) any land dedicated or taken to be dedicated under section 49 or 50, or
(e) any land vested in the council, and declared to be a public reserve, under section 37AAA of the Crown Lands Consolidation Act 1913 , or
(f) any land vested in the council, and declared to be a public reserve, under section 76 of the Crown Lands Act 1989 , or
(g) Crown managed land that is dedicated or reserved--(i) for public recreation or for a public cemetery, or(ii) for a purpose that is declared to be a purpose that falls within the scope of this definition by means of an order published in the Gazette by the Minister administering the Crown Land Management Act 2016 ,being Crown managed land in respect of which a council has been appointed as its Crown land manager under that Act or for which no Crown land manager has been appointed, or
(h) land declared to be a public reserve and placed under the control of a council under section 52 of the State Roads Act 1986 , or
(i) land dedicated as a public reserve and placed under the control of a council under section 159 of the Roads Act 1993 ,and includes a public reserve of which a council has the control under section 344 of the Local Government Act 1919 or section 48, but does not include a common.
(a) an owner in any case where this Act provides that a rate is to be paid to the council by the owner, and
(b) a holder of a lease in any case where this Act provides that a rate is to be paid to the council by the holder of the lease.
(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person's spouse or de facto partner,
(b) the spouse or de facto partner of the person or of a person referred to in paragraph (a).
(a) highway, street, lane, pathway, footpath, cycleway, thoroughfare, bridge, culvert, causeway, road-ferry, ford, crossing, by-pass and trackway, whether temporary or permanent, and
(b) any part of a road and any part of any thing referred to in paragraph (a), and
(c) any thing forming part of a road or any thing forming part of any thing referred to in paragraph (a).
(a) a parcel of rateable land which is valued as one assessment and exceeds 8,000 square metres in area and which is wholly or mainly used for the time being by the occupier for carrying on one or more of the businesses or industries of grazing, animal feedlots, dairying, pig-farming, poultry farming, viticulture, orcharding, bee-keeping, horticulture, vegetable growing, the growing of crops of any kind or forestry, or
(b) an area which is wholly or mainly used for aquaculture within the meaning of the Fisheries Management Act 1994 .
(a) is the site of a dwelling, and
(b) is not less than 2 hectares and not more than 40 hectares in area, and
(c) is either--(i) not zoned or otherwise designated for use under an environmental planning instrument, or(ii) zoned or otherwise designated for use under such an instrument for non-urban purposes, and
(d) does not have a significant and substantial commercial purpose or character.
(a) a septic tank, an effluent or a sullage disposal system, or
(b) any sewer of a council,and includes work of sanitary plumbing and work of house drainage.
(a) an executor, administrator, guardian, committee, receiver and liquidator, and
(b) every person having or taking on himself or herself the administration or control of land affected by any express or implied trust, or acting in any fiduciary capacity, or having the possession, control or management of the land of a person under any legal or other disability.
(a) effluent, being any matter or thing, whether solid or liquid or a combination of solids and liquids, which is of a kind that may be removed from a human waste storage facility, sullage pit or grease trap, or from any holding tank or other container forming part of or used in connection with a human waste storage facility, sullage pit or grease trap, or
(b) trade waste, being any matter or thing, whether solid, gaseous or liquid or a combination of solids, gases and liquids (or any of them), which is of a kind that comprises refuse from any industrial, chemical, trade or business process or operation, including any building or demolition work, or
(c) garbage, being all refuse other than trade waste and effluent,and includes any other substance defined as waste for the purposes of the Protection of the Environment Operations Act 1997 , and a substance is not precluded from being waste merely because it is capable of being refined or recycled.
Note : Words and expressions defined in the Interpretation Act 1987 include--
affidavit
alien
amend
ASC Law and ASC Regulations
Australia
Australia Acts
British Act
British Parliament
British subject
by-law
calendar month
calendar year
committal proceedings
Commonwealth
Commonwealth Constitution
Consolidated Fund
contravene
Corporations Law and Corporations Regulations
date of assent
definition
document
estate
Executive Council
external Territoryforeign country
Gazette
Government
Government Printer
Governor
High Court
Imperial Act
Imperial Parliament
indictable offence
individual
internal Territory
Jervis Bay Territory
justice
land
Legislative Assembly
Legislative Council
Local Court
Magistrate
make
mentally incapacitated person
midnight
Minister
minor
month
named monthNorthern Territory
oath
office
ordinance
Parliament
party
penalty
person
Police Force
police officer
Police Service
prescribed
proclamation
property
Public Service
regulation
repeal
rule
rules of court
sign
State
statutory declaration
summary offence
swear
Territory
the State
United Kingdom
writing