New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 1.19A

1.19A Land on which complying development may not be carried out--bush fire prone land

(1) To be complying development specified for any complying development code (except the Housing Alterations Code)--

(a) the development must not be carried out on land in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), and

(b) in the case of development specified for the Rural Housing Code--any associated access way to the development must be on land that is--

(i) not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), or

(ii) grasslands.

Note : More information about the categories of bush fire attack, including the flame zone, can be found in Table A1.7 of Planning for Bush Fire Protection .

(2) This clause does not apply to the following development--

(a) non-habitable detached development that is more than 6m from any dwelling house,

(b) landscaped areas,

(c) non-combustible fences,

(d) swimming pools.

(3) For the purposes of this clause, land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ) if--

(a) the council or a person who is recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment determines, in accordance with the methodology specified in Planning for Bush Fire Protection , that the land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), or

(b) in the case of development carried out on grasslands--the development conforms to the specifications and requirements of Table 7.9a of Planning for Bush Fire Protection that are relevant to the development.

(4) Nothing in this clause prevents complying development being carried out on part of a lot that is not land referred to in this clause even if other parts of the lot are such land.

(5) In this clause,
"grasslands" has the same meaning as in Planning for Bush Fire Protection ).