9Exempt development

9 Exempt development

9 Exempt development

(1) Development of minimal environmental impact listed in Section A10—Exempt and Complying Development of Tweed Development Control Plan, is exempt development despite any other provisions of this plan.

(2) Despite subclause (1), development proposed to be carried out on the following land is not exempt development—

(a) land that is critical habitat or on which, as a result of carrying out the development, there is likely to be a significant effect on threatened species, populations or ecological communities or their habitats (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994), or

(b) land that is within a wilderness area (under the Wilderness Act 1987), or

(c) land that—

(i) is listed as the site of a heritage item in Schedule 2, or

(ii) is subject to an order under the Heritage Act 1977, or

(iii) is an Aboriginal place under the National Parks and Wildlife Act 1974, or

(iv) is reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

(d) land in a heritage conservation area if the proposed development will be visible from a public place.

cl 9: Am 23.4.2004; 11.2.2005; 2007 (157), Sch 1 [2]; 2019 (621), Sch 2.38[1].