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.(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.