New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
Note : Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:(a) must be of minimal environmental impact, and(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994 ), and(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987 ).
(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:(a) the development must:(i) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia , and(ii) if it relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2-9, the building must have a current fire safety certificate or fire safety statement or the building must be a building for which no fire safety measures are currently implemented, required or proposed, and(b) the development must not:(i) if it relates to an existing building, cause the building to contravene the Building Code of Australia , or(ii) create interference with the neighbourhood because it is noisy, causes vibrations, creates smells, fumes, smoke, vapour, steam, soot, ash, dust, waste water, grit or oil, or(iii) be designated development, or(iv) be development on land that comprises, or on which there is, an item of environmental heritage that is listed on the State Heritage Register under the Heritage Act 1977 or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977 , or(v) require assessment under Part 5 of the Environmental Planning and Assessment Act 1979 , or(vi) be located on Lot 12, DP 234581, 164 Station Street, Penrith.