New South Wales Repealed Regulations

This legislation has been repealed.

STATE ENVIRONMENTAL PLANNING POLICY NO 61--EXEMPT AND COMPLYING DEVELOPMENT FOR WHITE BAY AND GLEBE ISLAND PORTS - REG 8

8 What development is exempt development

(1) Development specified in Schedule 1 that meets the standards for the development contained in that Schedule and that complies with the requirements of this clause is exempt development for the purposes of this Policy.

(2) To be exempt development:

(a) the development must:

(i) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia , and

(ii) meet any relevant development standards, and

(iii) be more than 1 metre from any easement or public sewer main, and

(iv) 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) involve disturbance to a depth of more than 600 mm below ground level, or

(iv) be designated development.

(3) Exempt development cannot be carried out on:

(a) the site of an item of the environmental heritage that:

(i) is identified as such in an environmental planning instrument applying to the land, or

(ii) is listed on the State Heritage Register under the Heritage Act 1977 , or

(iii) is subject to an interim heritage order under the Heritage Act 1977 , or

(b) land within a heritage conservation area that is identified as such in an environmental planning instrument applying to the land, or

(c) land identified:

(i) by the consent authority on a map held in the consent authority's offices, or

(ii) in an environmental planning instrument, or

(iii) in a development control plan,

as an environmentally sensitive area for exempt development.