9Exempt development

9 Exempt development

9 Exempt development

(1) Development listed in Column 1 of Schedule 1 that is of minimal environmental impact is exempt development if—

(a) it complies with any development standards, and any other requirements, that are specified opposite it in Column 2 of that Schedule, and

(b) it does not require the removal of any significant native vegetation, and

(c) it does not contravene a condition of development consent applying to the land, and

(d) it complies with any deemed-to-satisfy provisions of the Building Code of Australia that are of relevance to the development, and

(e) it does not restrict any vehicular access to or from the site of the development, and

(f) it is not carried out on land that is within Zone 8 Permanent Park Preserve or Zone 9 Marine Park, unless the carrying out of the development on such land is expressly provided for in Column 1 of Schedule 1, and

(g) it is not carried out on land that is critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994), and

(h) it is not proposed to be carried out on the site of—

(i) any heritage item within the meaning of Division 3 of Part 3, or

(ii) any item subject to an interim heritage order under the Heritage Act 1977, and

(i) it is not carried out on land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987).

Note—

Section 76 (2) of the Environmental Planning and Assessment Act 1979 states that an environmental planning instrument may provide that development of a specified class or description that is of minimal environmental impact is exempt development.

(2) Development listed in Column 1 of Schedule 1 that is not exempt development because it fails to comply with subclause (1) may be carried out with the consent of the consent authority.