New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 1.17A

1.17A Requirements for complying development for all environmental planning instruments

(1) To be complying development for the purposes of any environmental planning instrument, the development must not--

(a) be development for which development consent cannot be granted except with the concurrence of a person other than--

(i) the consent authority, or

(ii) the Director-General of the Department of Environment, Climate Change and Water as referred to in section 4.13(3) of the Act, or

(b) be on land that is critical habitat, or

(c) be on land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987 ), or

(d) be carried out on land that--

(i) comprises an item that is listed on the State Heritage Register under the Heritage Act 1977 or on which such an item is located, or

(ii) is subject to an interim heritage order under that Act or on which is located an item that is so subject, or

(iii) is identified as an item of environmental heritage or a heritage item by an environmental planning instrument or on which is located an item that is so identified, or

(e) except as otherwise provided by this Policy, be on land that is within an environmentally sensitive area.

(2) Despite subclause (1)(d), if development meets the requirements and standards specified by this Policy and that development--

(a) has been granted an exemption under section 57(2) of the Heritage Act 1977 , or

(b) is subject to an exemption under section 57(1A) or (3) of that Act,

the development is complying development under this Policy.

(3) If an item listed on the State Heritage Register is not located on, or does not comprise, the whole of the relevant land, subclause (1)(d) applies only to the part of the land that is described and mapped on that register.

(4) If an item not listed on the State Heritage Register but identified as an item of environmental heritage in an environmental planning instrument does not comprise, or is not located on, the whole of the relevant land, subclause (1)(d) applies only to the part of the land that is described and mapped on that instrument.