Part 6Development assessment—related principles

Part 6—Development assessment—related principles 26A—Accepted development (section 104) For the purposes of section 104(1) of the Act, development within the ambit of Schedule 6A is classified as accepted development. 27—Impact assessed development—categorisation (a1) For the purposes of section 108(1)(b) of the Act, development that involves the establishment of— (a) a wind farm located in marine waters; or (b) a marina of more than 100 berths, is classified as impact assessed development. (1) For the purposes of section 108(7) of the Act, the following sections of Part 7 Division 2 will apply in relation to a project that is the subject of a declaration under section 108(1)(c) of the Act: (a) section 109(1)(b) and (2)(b); (b) section 111(2)(d) and (3); (c) sections 113 and 114; (d) section 116(a); (e) section 117. (2) For the purposes of section 108(9) of the Act, the following principles are prescribed: (a) the character of the receiving environment; (b) the potential social, economic and environmental impacts of the development or project; (c) the resilience of the environment to cope with change; (d) the degree of confidence in the prediction of impacts resulting from the development or project; (e) the extent to which undesirable impacts which may occur are likely to be irreversible; (f) the extent to which impacts, and requirements for monitoring and assessing impacts, will be ongoing; (g) the presence of other statutory assessment or policy frameworks which provide other procedures or processes to address any issues of concern. (3) For the purposes of taking into account the principles prescribed by subregulation (2), consideration must be given to— (a) the extent of impacts by an analysis of their— (i) type; and (ii) size; and (iii) scope; and (iv) intensity; and (v) duration; and (b) the nature of impacts by an analysis of— (i) the degree to which the impacts are predictable; and (ii) the resilience of the environment to cope with change; and (iii) the degree to which the impacts can be reversed; and (iv) the degree to which the impacts can be managed or mitigated; and (v) the degree to which performance criteria can be applied in the circumstances of the case; and (c) the significance of impacts by an analysis of— (i) the degree to which the impacts adversely affect environmentally sensitive areas; and (ii) the degree to which the impacts are acceptable considering the nature of the impacts; and (d) other factors determined to be relevant by the Minister. 28—Complying building work (1) For the purposes of section 118(1) of the Act, building work assessed by a relevant authority as being in a form specified in Schedule 7 must be granted building consent. (2) Subregulation (1) does not apply in relation to— (a) building work that affects a State heritage place; or (b) building work to the extent excluded under a provision of Schedule 7.