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Environmental Planning and Assessment Regulation 2021
Schedule 7Dictionary
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# Schedule 7 Dictionary
Schedule 7 Dictionary
section 3
accredited practitioner (fire safety) means the holder of an accreditation under the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063) that authorises the holder to exercise the functions of an accredited practitioner (fire safety) who is acting in relation to matters to which the accreditation relates.
Affordable Housing Guidelines, for Part 4, Division 2, Subdivision 2—see section 80.
alteration of a building, in relation to development, includes the enlargement or extension of the building.
Apartment Design Guide means the Apartment Design Guide published by the Department in July 2015.
application, for Part 13—see section 249.
application, for Schedule 4, Part 5—see Schedule 4, Part 5, section 2.
approval body has the same meaning as in the Act, section 4.45.
approved Code, for Part 8, Division 6—see section 197.
approved form means a form approved by the Planning Secretary and published on the NSW planning portal.
ARTC, for Part 8, Division 6—see section 197.
ARTC Code, for Part 8, Division 6—see section 197.
assessment period—see section 91.
authorised network operator means an authorised network operator under the [Electricity Network Assets (Authorised Transactions) Act 2015](/view/html/inforce/current/act-2015-005).
BASIX building means a building that contains at least 1 dwelling, but does not include the following—
> (a) hotel or motel accommodation,
> (b) a boarding house, hostel or co-living housing that—
>
> > (i) accommodates more than 12 residents, or
>
> > (ii) has a gross floor area exceeding 300 square metres.
BASIX certificate means a certificate issued by the Planning Secretary under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 71.
BASIX development means the following development if it is not BASIX excluded development—
> (a) development that involves the erection, but not the relocation, of a BASIX building,
> (b) development that involves a change of building use by which a building becomes a BASIX building,
> (c) development that involves the alteration of a BASIX building, if the estimated development cost is $50,000 or more,
> (d) development for the purposes of a swimming pool or spa, or combination of swimming pools and spas, that—
>
> > (i) services 1 dwelling only, and
>
> > (ii) has a capacity, or combined capacity, of 40,000 litres or more.
BASIX excluded development means the following development—
> (a) development for the purposes of a garage, storeroom, carport, gazebo, verandah or awning,
> (b) development that involves the alteration of a building listed on the State Heritage Register under the [Heritage Act 1977](/view/html/inforce/current/act-1977-136),
> (c) development that involves the alteration of a building resulting in a space that cannot be fully enclosed, other than a space that can be fully enclosed but for a vent needed for the safe operation of a gas appliance,
>
> Example—
>
> A verandah that is open or enclosed by a screen, mesh or other material that permits the free and uncontrolled flow of air.
> (d) development that involves the alteration of a building declared by the Planning Secretary, by order published in the Gazette, to be BASIX excluded development.
BASIX optional development means the following development if it is not BASIX excluded development—
> (a) development that involves the alteration of a BASIX building, if the estimated development cost is less than $50,000,
> (b) development for the purposes of a swimming pool or spa, or combination of swimming pools and spas, that—
>
> > (i) services 1 dwelling only, and
>
> > (ii) has a capacity, or combined capacity, of less than 40,000 litres.
biophysical strategic agricultural land has the same meaning as in [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2.
Building Code of Australia means the Building Code of Australia prescribed by section 4.
building information certificate means a building information certificate referred to in the Act, Division 6.7.
bush fire attack level, for Part 14—see section 270.
bush fire attack level–40 (BAL–40), for Part 14—see section 270.
bush fire safety authority, for Part 14—see section 270.
Category 1 fire safety provision means the following provisions of the Building Code of Australia—
> (a) Volume 1, E1P3, E1P4, E1P6, E2P1, E2P2 and E3P2,
> (b) Volume 2, H3P2.
class, in relation to a building or part of a building, means—
> (a) in a provision of this Regulation that imposes requirements in relation to a development consent—the class to which the building belongs, as identified by the development consent, or
> (b) otherwise—the class to which the building or part of a building belongs, as ascertained in accordance with the Building Code of Australia.
Class 1 aquaculture development means development that is categorised as Class 1 under [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Part 2.5.
co-owner of a lot, for Part 10—see section 223.
concept component of a staged application, for Part 13—see section 249.
concurrence authority means a person whose concurrence under 1 or more of the following is required by a consent authority before granting development consent—
> (a) the Act,
> (b) an environmental planning instrument,
> (c) the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), Part 7.
Consumer Price Index means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics.
contaminated land, for Part 10—see section 223.
contributions plan means a contributions plan referred to in the Act, section 7.18.
council-related development application has the same meaning as in the Act, Schedule 1, clause 9B.
critical industry cluster land has the same meaning as in [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2.
Crown development means development carried out by or on behalf of the Crown.
Dark Sky Planning Guideline means the Dark Sky Planning Guideline prepared by the Planning Secretary from time to time and published on the Department’s website.
deemed-to-satisfy provisions has the same meaning as in the Building Code of Australia.
design principles for residential apartment development has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714).
design review panel means a panel constituted by the Minister under section 288A.
determining authority has the same meaning as in the Act, Division 5.1.
development contribution, for Part 9—see section 202.
development contribution condition, for Part 9—see section 202.
development levy, for Part 9—see section 202.
development levy condition, for Part 9—see section 202.
dwelling—
> (a) in relation to a BASIX building—means a room or suite of rooms occupied or used, or constructed or adapted to be capable of being occupied or used, as a separate domicile, or
> (b) otherwise—has the same meaning as in the Standard Instrument.
electricity transmission or distribution network has the same meaning as in [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Part 2.3, Division 5.
embodied emissions, attributable to development, has the same meaning as in [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521).
entertainment venue means a building used as a cinema, theatre or concert hall or an indoor sports stadium.
environmental assessment requirements, for Part 8—see section 168.
environmental factors, for Part 8—see section 168.
environmental factors guidelines, for Part 8—see section 168.
environmental impact statement means an environmental impact statement referred to in the Act, section 4.12, 5.7 or 5.16.
estimated development cost—see section 6.
fire alarm communication link means the part of a fire alarm system that transmits a fire alarm signal from the system to an alarm monitoring network.
fire alarm communication link works means the installation or conversion of a fire alarm communication link to connect with the fire alarm monitoring network of a private service provider, but does not include works associated with the alteration or change of use of an existing building.
fire protection and structural capacity of a building means—
> (a) the structural strength and load-bearing capacity of the building, and
> (b) the measures to protect persons using the building, and to facilitate their safe egress from the building, if there is a fire, and
> (c) the measures to restrict the spread of fire from the building to other buildings nearby.
fire safety requirement has the same meaning as in the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).
flame zone (BAL–FZ), for Part 14—see section 270.
gateway certificate means a gateway certificate issued under [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Part 2.4.
GST has the same meaning as in the [A New Tax System (Goods and Services Tax) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.
hydraulic fire safety system has the same meaning as in the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).
infrastructure, for Part 8, Division 5—see section 189.
Land and Housing Corporation, for Part 4, Division 2, Subdivision 2—see section 80.
large commercial development has the same meaning as in [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521).
lodged—
> (a) for a development application—see section 24, and
> (b) for a modification application—see section 99, and
> (c) for an application for review—see section 244.
manor house has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).
mining or petroleum development has the same meaning as in [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Part 2.4.
minor subdivision, for Schedule 4, Part 5—see Schedule 4, Part 5, section 2.
modification application means an application for modification of a development consent under the Act, section 4.55 or 4.56.
modification request, for State significant infrastructure, means a request under the Act, section 5.25 for the modification of the Minister’s approval of State significant infrastructure.
moored vessel, for Schedule 4, Part 5—see Schedule 4, Part 5, section 2.
multi dwelling housing (terraces) has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).
NABERS means the National Australian Built Environment Rating System.
network operator means an entity granted—
> (a) a distributor’s licence under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094), section 14, or
> (b) a transmission operator’s licence under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094), section 93A.
nominated integrated development has the same meaning as in the Act, Schedule 1, clause 7.
performance requirement has the same meaning as in the Building Code of Australia.
performance solution has the same meaning as in the Building Code of Australia.
planning agreement has the same meaning as in the Act, Division 7.1.
Planning for Bush Fire Protection means the document prescribed by section 271.
planning reform services, for Part 13—see section 249.
post-subdivision bush fire attack level certificate, for Part 14—see section 270.
prescribed serviced apartments has the same meaning as in [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521).
principal certifier has the same meaning as in the Act, Part 6.
private service provider means a person or body that has entered into an agreement with Fire and Rescue NSW to monitor fire alarm systems.
proprietor, in relation to a registered non-government school, has the same meaning as in the [Education Act 1990](/view/html/inforce/current/act-1990-008).
public notification development means—
> (a) State significant development set out in [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Schedule 1, section 5 or 6, excluding development carried out on land in a state conservation area reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or
> (b) State significant development on land with multiple owners designated by the Planning Secretary for the purposes of section 23 or 98 by written notice to the applicant for the State significant development.
qualified designer means a person registered as an architect under the [Architects Act 2003](/view/html/inforce/current/act-2003-089).
rail infrastructure facilities has the same meaning as in [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Part 2.3, Division 15.
recognised consultant, for Part 14—see section 270.
registered body corporate has the same meaning as in the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063).
registered community housing provider, for Part 4, Division 2, Subdivision 2—see section 80.
registered non-government school means a registered non-government school within the meaning of the [Education Act 1990](/view/html/inforce/current/act-1990-008), other than a school to which a current certificate of exemption applies under that Act.
Registrar of Community Housing, for Part 4, Division 2, Subdivision 2—see section 80.
relevant abbreviations for materials means the codes specified in the Table to section 5.
relevant authority, for Part 10—see section 223.
relevant BASIX certificate, in relation to development, means—
> (a) a BASIX certificate that applies to the development when development consent is granted or modified, or
> (b) if a replacement BASIX certificate accompanies a subsequent application for a construction certificate—the replacement BASIX certificate that applies to the development when the construction certificate is issued or modified.
relevant day, for Part 7—see section 162.
remediation, for Part 10—see section 223.
residential apartment development has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714).
residential building work has the same meaning as in the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).
responsible person, for Part 8—see section 168.
roads authority has the same meaning as in the [Roads Act 1993](/view/html/inforce/current/act-1993-033).
Siding Spring Observatory means the land owned by the Australian National University at Siding Spring and the buildings and equipment on the land.
site verification certificate means a site verification certificate issued under [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Part 2.4.
staged infrastructure application, for Part 13—see section 249.
Standard Instrument means the standard instrument set out in the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).
State Significant Development Guidelines means the State Significant Development Guidelines prepared by the Planning Secretary as in force from time to time and published on the Department’s website.
State Significant Infrastructure Guidelines means the State Significant Infrastructure Guidelines prepared by the Planning Secretary as in force from time to time and published on the Department’s website.
Strategic Agricultural Land Map has the same meaning as in [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2.
temporary building means—
> (a) a temporary structure, or
> (b) a building specified as a temporary building in a development consent or complying development certificate granted or issued in relation to its erection.
temporary housing has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 3, Part 14.
the Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).
threatened species development means development to which the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), section 7.7(2) or the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), section 221ZW applies.
urban release area, for Part 14—see section 270.
vessel, for Schedule 4, Part 5—see Schedule 4, Part 5, section 2.
**sch 7:** Am 2022 (40), Sch 1\[64\]–\[70\]; 2022 (520), Sch 2\[6\] (am 2023 (531), Sch 1\[17\] \[18\]); 2022 (530), Sch 1\[7\]; 2022 (579), Sch 1\[4\]; 2023 (71), Sch 1.3\[10\] \[11\]; 2023 (512), Sch 1\[17\]–\[19\]; 2023 (531), Sch 2\[3\]; 2023 (662), Sch 1\[17\]; 2024 (631), Sch 1\[4\]; 2025 (300), Sch 1\[3\]; 2025 No 71, Sch 2\[41\].