Division 1 Carrying out of development—the threefold classification

76   Development that does not need consent

(1) General
If an environmental planning instrument provides that specified development may be carried out without the need for development consent, a person may carry the development out, in accordance with the instrument, on land to which the provision applies.

Note. Environmental assessment of the development may nevertheless be required under Part 5.

(2) Exempt development
An environmental planning instrument may provide that development of a specified class or description that is of minimal environmental impact is exempt development.

(3)  If development is exempt development:

(a)  the development may be carried out, in accordance with the instrument, on land to which the provision applies without the need for development consent, unless that land:

(i)  is critical habitat, or

(ii)  is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987), and

(b)  Part 5 does not apply to the development.

A provision made under subsection (2) has no effect at any time during which the land is land to which paragraph (a) (i) or (ii) applies.

76A   Development that needs consent

(1) General
If an environmental planning instrument provides that specified development may not be carried out except with development consent, a person must not carry the development out on land to which the provision applies unless:

(a)  such a consent has been obtained and is in force, and

(b)  the development is carried out in accordance with the consent and the instrument.

(2)  For the purposes of subsection (1), development consent may be obtained:

(a)  by the making of a determination by a consent authority to grant development consent, or

(b)  in the case of complying development, by the issue of a complying development certificate.

(3), (4)  (Repealed)

(5) Complying development
An environmental planning instrument may provide that development, or a class of development, that can be addressed by specified predetermined development standards is complying development.

(6)–(9)  (Repealed)

Note. Division 4.1 makes provision with respect to State significant development.

76B   Development that is prohibited

If an environmental planning instrument provides that:

(a)  specified development is prohibited on land to which the provision applies, or

(b)  development cannot be carried out on land with or without development consent,

a person must not carry out the development on the land.

76C   Relationship of this Division to this Act

This Division is subject to the other provisions of this Act, unless express provision is made to the contrary.