272Development excluded from bush fire prone land requirements—the Act, s 4.14(1C)

#### 272 Development excluded from bush fire prone land requirements—the Act, s 4.14(1C) 272 Development excluded from bush fire prone land requirements—the Act, s 4.14(1C) > > (1) This section applies to development on land in an urban release area involving the erection of a building that is, or is ancillary to, a dual occupancy, dwelling house or secondary dwelling. > > > (2) Development is excluded from the application of the Act, section 4.14 if the consent authority— > > > > > (a) has been given— > > > > > > > (i) a bush fire safety authority for the subdivision of the land that was in force on the day on which the development application for the development was lodged and issued no more than 5 years before that day, and > > > > > > > (ii) a copy of a plan of subdivision that shows the bush fire attack levels for the land and contains a notation from the NSW Rural Fire Service that the plan was considered in determining the application for the bush fire safety authority under the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065), and > > > > > > > (iii) a post-subdivision bush fire attack level certificate, and > > > > > (b) is satisfied that the development complies with relevant standards specified in the bush fire safety authority relating to setbacks, asset protection zones, provision of water supply or other matters. > > > (3) The post-subdivision bush fire attack level certificate must— > > > > > (a) specify the address and folio identifier of the land to which it relates, and > > > > > (b) specify the date of issue, and > > > > > (c) identify the relevant bush fire safety authority, and > > > > > (d) if the subdivision to which the bush fire safety authority relates required development consent—identify the relevant development consent, including the name of the consent authority or certifier, the day on which the consent was granted or issued and the registered number of the consent. > > > (4) A post-subdivision bush fire attack level certificate may only be issued by the NSW Rural Fire Service or a recognised consultant. > > > (5) Within 7 days after a recognised consultant issues a post-subdivision bush fire attack level certificate, the consultant must give the certificate to the Commissioner of the NSW Rural Fire Service. > > > (6) The methodology for determining bush fire attack levels, for the purposes of this section, is the methodology specified in Planning for Bush Fire Protection. > > **s 272:** Am 2023 (71), Sch 1.3\[9\].