12Exempt development

12 Exempt development

12 Exempt development

Note—

Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.

The section states that exempt development—

(a) must be of minimal environmental impact, and

(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and

(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).

(1) The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2) Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

(3) Without limiting subclause (2), a standard specified in Schedule 2 may specify that development must not be carried out on land specified in relation to that development, or may be carried out on such land only if the development complies with the specified standards.

Note—

The land that may be specified in relation to development includes acid sulfate soils land, bush fire interface property, bush fire prone land, contaminated risk land, flood planning land, foreshore land and heritage item land. These terms are defined in the Dictionary.

(4) To be exempt development, the development—

(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

(c) must not be designated development, and

(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the .