46Development excluded from requirements for bush fire safety authority—the Act, s 100B

#### 46 Development excluded from requirements for bush fire safety authority—the Act, s 100B 46 Development excluded from requirements for bush fire safety authority—the Act, s 100B > > (1) For the purposes of the Act, section 100B(5)(a1), the following development is excluded from the operation of the Act, section 100B— > > > > > (a) development for the purposes of licensed premises that do not provide overnight accommodation, other than for the owner or manager of the premises and the owner’s or manager’s family, > > > > > (b) strata subdivision of a building, but only if development consent for the erection of the building was granted in accordance with the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 4.14, > > > > > (c) strata subdivision of a class 2 building erected before 1 August 2002, but only if the building complies with the requirements of Level 1 construction under AS 3959–1999, Construction of buildings in bushfire-prone areas, > > > > > (d) subdivision of land for the purpose of converting an existing dwelling to a dual occupancy, but only if development consent for the dwelling was granted in accordance with the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 4.14, > > > > > (e) subdivision of, or a boundary adjustment in relation to, land that is leased under a Western lands lease, within the meaning of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), Schedule 3, > > > > > (f) subdivision for the purposes of consolidations of lots, or boundary adjustments on land where the number of lots is reduced, but only if an existing dwelling on the land complies with the requirements of Planning for Bush Fire Protection, > > > > > (g) development for the purposes of bed and breakfast accommodation using an existing building, but only if the building is more than 30 metres from land that is not managed land within the meaning of Planning for Bush Fire Protection, > > > > > (h) subdivision of land used or proposed to be used for industrial purposes on which the erection of a dwelling related to the industrial use of the land, for example, a manager's residence, is permitted, > > > > > (i) subdivision of land for a residential purpose in a Western New South Wales district, but only if— > > > > > > > (i) each lot created by the subdivision is greater than 10 hectares, and > > > > > > > (ii) the bush fire prone land that is Category 1 or 2 vegetation is less than 10% of the lot, and > > > > > > > (iii) each lot has direct access to an existing public road, > > > > > (j) construction or installation of a flagpole, aerial, antenna or satellite dish, > > > > > (k) construction or installation of a driveway, pathway or other paved area, > > > > > (l) the carrying out of earthworks or drainage works, > > > > > (m) construction of a class 10a building that is at least 6 metres from a dwelling, > > > > > (n) minor external non-structural building alterations carried out in accordance with Planning for Bush Fire Protection, > > > > > (o) development of a minor nature that relates to an existing building that is for a special fire protection purpose. > > > (2) In this section— > > > > Building Code of Australia has the same meaning as it has in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > > > class, in relation to a building, means a building of the specified class under the Building Code of Australia. > > > > Western New South Wales district means any of the following areas as referred to in Schedule 1— > > > > > (a) Central Ranges, > > > > > (b) North Western, > > > > > (c) Upper Central West Plains, > > > > > (d) Lower Central West Plains, > > > > > (e) Southern Slopes, > > > > > (f) Eastern Riverina, > > > > > (g) Southern Riverina, > > > > > (h) Northern Riverina, > > > > > (i) South Western, > > > > > (j) Far Western.