New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 1.8

1.8 Relationship with other State environmental planning policies

Note: This clause is subject to section 3.28(4) of the Act.

(1) If this Policy and any other State environmental planning policy, whether made before or after the commencement of this Policy, specify the same development, as either exempt development or complying development, the other Policy does not apply to that development, except as provided by subclauses (2)-(4).

(2) Despite subclause (1), in each of the following circumstances, State Environmental Planning Policy (Transport and Infrastructure) 2021 , Chapter 2 continues to apply and this Policy does not apply--

(a) if this Policy and State Environmental Planning Policy (Transport and Infrastructure) 2021 , Chapter 2 specify the same development as complying development,

(b) if this Policy and State Environmental Planning Policy (Transport and Infrastructure) 2021 , Chapter 2 specify the same development as exempt development,

(c) if this Policy specifies development as exempt development and State Environmental Planning Policy (Transport and Infrastructure) 2021 , Chapter 2 specifies the same development as complying development,

(d) if this Policy specifies development as complying development and State Environmental Planning Policy (Transport and Infrastructure) 2021 , Chapter 2 specifies the same development as exempt development.

(3) If this Policy and State Environmental Planning Policy (Resources and Energy) 2021 , Chapter 2 specify the same development as either exempt or complying development, this Policy does not apply to that development.

(4) If this Policy and State Environmental Planning Policy (Housing) 2021 specify the same development as either exempt or complying development, that Policy prevails to the extent of any inconsistency.

(5) If this Policy and State Environmental Planning Policy (Port Botany and Port Kembla) 2013 specify the same development as either exempt or complying development, this Policy does not apply to that development.

(6) If another State environmental planning policy specifies exempt development or complying development that is not the same as development specified as either exempt development or complying development in this Policy, this Policy does not affect the operation of that other Policy.

(7) If a provision of this clause provides for another State environmental planning policy to continue to apply to development, that development may be carried out under this Policy or under that other Policy.

Note--: The Environmental Planning and Assessment Regulation 2000 specifies that a person must refer to the environmental planning instrument under which the development is complying development in an application for a complying development certificate.