New South Wales Repealed Regulations

This legislation has been repealed.

STATE ENVIRONMENTAL PLANNING POLICY NO 72--LINEAR TELECOMMUNICATIONS DEVELOPMENT--BROADBAND - REG 15

15 Exempt and complying development

(1) In this clause, "approved master plan" means a master plan that is approved under Part 3.

(2) Development of minimal impact identified as exempt development in an approved master plan specified in Schedule 2 is exempt development for the purposes of the NSW Act.

The Act states that exempt development:

(a) must be of minimal environmental impact, and

(b) cannot be carried out on land that is the 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 ).

(3) Development identified as complying development in an approved master plan specified in Schedule 2 is complying development for the purposes of the NSW Act.

The Act states that development cannot be complying development if:

(a) it is carried out on land that is the critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994 ), or

(b) it is on land within a wilderness area (identified under the Wilderness Act 1987 ), or

(c) there is an item of environmental heritage on the land that is subject to an order or listing under the Heritage Act 1977 , or an environmental planning instrument, or

(d) the development is designated development, or

(e) the development is State significant development, or

(f) the development requires concurrence, except a concurrence of the Director-General of the National Parks and Wildlife in respect of the development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995 ).

(4) Development is exempt or complying development only if it complies with the development standards and any other requirements for the development in the approved master plan in Schedule 2.

(5) A complying development certificate issued for any complying development is subject to the relevant conditions for the development specified in Schedule 2.