New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (SUSTAINABLE BUILDINGS) 2022 - REG 2.2

2.2 Standards not affected by environmental planning instruments or development control plans

(1) A competing provision of an environmental planning instrument or development control plan, whenever made, is of no effect to the extent to which the provision aims--

(a) to reduce consumption of mains-supplied potable water or greenhouse gas emissions related to the use of--

(i) a building, or

(ii) the land on which a building is located, or

(b) to improve the thermal performance of development, or

(c) to quantify and report on the embodied emissions attributable to development.

(2) Subsection (1) does not--

(a) displace a competing provision to the extent to which the provision applies to part of BASIX development or BASIX optional development that will not be used for residential purposes, or

(b) apply to a competing provision that encourages, or offers incentives for, the adoption of measures beyond the measures required by provisions of the kind referred to in the definition of
"competing provision" .

(3) In this section--

"competing provision" of an environmental planning instrument or development control plan means a provision that--

(a) establishes a development standard, or

(b) requires a consent authority to consider a matter when determining a development application, or

(c) requires a consent authority to be satisfied about a matter before granting development consent, or

(d) requires a consent authority to impose a condition on a development consent, or

(e) affects the granting of a development consent or the conditions with which a development consent is granted.