New South Wales Consolidated Regulations

MUSWELLBROOK LOCAL ENVIRONMENTAL PLAN 2009 - REG 3.1

3.1 Exempt development

(1) The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2) Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

(3) To be exempt development, the development--

(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and

(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia , and

(c) must not be designated development, and

(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977 .

(4) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2-9 is exempt development only if--

(a) the building has a current fire safety certificate or fire safety statement, or

(b) no fire safety measures are currently implemented, required or proposed for the building.

(5) To be exempt development, the development must--

(a) be installed in accordance with the manufacturer's specifications, if applicable, and

(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

Note--: See State Environmental Planning Policy (Biodiversity and Conservation) 2021 , Chapter 2 and the Local Land Services Act 2013 , Part 5A.

(6) A heading to an item in Schedule 2 is part of that Schedule.