State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 19 November 2014 to date (accessed 21 December 2014 at 20:58)
Part 1Division 1

Division 1 Preliminary

1.1   Name of Policy

This Policy is State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

1.2   Commencement

This Policy commences on 27 February 2009.

1.3   Aims of Policy

This Policy aims to provide streamlined assessment processes for development that complies with specified development standards by:
(a)  providing exempt and complying development codes that have State-wide application, and
(b)  identifying, in the exempt development codes, types of development that are of minimal environmental impact that may be carried out without the need for development consent, and
(c)  identifying, in the complying development codes, types of complying development that may be carried out in accordance with a complying development certificate as defined in the Act, and
(d)  enabling the progressive extension of the types of development in this Policy, and
(e)  providing transitional arrangements for the introduction of the State-wide codes, including the amendment of other environmental planning instruments.

1.4   Land to which Policy applies

(1)  This Policy applies to the State, except as provided by this clause.
(2)  This Policy does not apply to land:
(a)  to which State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007 applies, and
(b)  to which State Environmental Planning Policy (Western Sydney Parklands) 2009 applies, and
(c)  that is within 18km of the land owned by the Australian National University at Siding Spring.
(3), (4)  (Repealed)

1.4A   Development to which Policy does not apply

This Policy does not apply to development for the purposes of the alteration or demolition of a building to which Part 3 of State Environmental Planning Policy (Affordable Rental Housing) 2009 applies. (For that purpose only, Part 3 is to be construed as if any reference to a time relating to the lodgment of a development application were a reference to the time the development commences.)

1.5   Interpretation—general

(1)  In this Policy:

Acid Sulfate Soils Map means a map in an environmental planning instrument that identifies land containing acid sulfate soil.

Advertising and Signage Exempt Development Code means the code for exempt development set out in Division 2 of Part 2.

alternative solution has the same meaning as in the Building Code of Australia.

Note. 

The term is defined as follows:

alternative solution means a building solution which complies with the performance requirements other than by reason of satisfying the deemed-to-satisfy provisions (where each of those terms is also defined in that document).

ancillary development means any of the following that are not exempt development under this Policy:

(a)  access ramp,
(b)  awning, blind or canopy,
(c)  balcony, deck, patio, pergola, terrace or verandah that is attached to a dwelling house,
(c1)  basement,
(d)  carport that is attached to a dwelling house,
(d1)  detached studio,
(e)  driveway, hard stand space, pathway or paving,
(f)  fence or screen,
(g)  garage that is attached to a dwelling house,
(h)  outbuilding,
(i)  rainwater tank that is attached to a dwelling house,
(j)  retaining wall,
(k)  swimming pool or spa pool and child-resistant barrier.

ANEF contour, for an airport, means a noise exposure contour shown as an ANEF contour on any Noise Exposure Forecast Contour Map for that airport prepared by the Department of the Commonwealth responsible for airports.

articulation zone means an area of a lot forward of the building line within which building elements are permitted to be located, being an area measured from:

(a)  one side boundary of the lot to the opposite side boundary of the lot, or
(b)  if the lot is a corner lot—the secondary road boundary of the lot to the boundary opposite the secondary road boundary.

attached, in relation to a building or structure that is complying development, means not more than 900mm from another building or structure.

battle-axe lot means a lot that has access to a road by an access laneway.

boundary wall means a wall that has a setback of less than 150mm from the side or rear boundary of a lot.

building element has the meaning set out in the code in which it is used.

bush fire attack level-40 (BAL-40) has the same meaning as it has in AS 3959—2009, Construction of buildings in bushfire-prone areas.

class, in relation to a building or part of a building, has the same meaning as in the Environmental Planning and Assessment Regulation 2000.

Commercial and Industrial Alterations Code means the code for complying development set out in Part 5.

Commercial and Industrial (New Buildings and Additions) Code means the code for complying development set out in Part 5A.

common wall means a wall shared between 2 properties.

community consultation means:

(a)  consultation with the community under section 57 of the Act, or
(b)  public exhibition under section 66 of the Act, as in force on 30 June 2009.

community event means a function or event open to the public or a section of the public that is a ceremony, cultural celebration, exhibition, fete, fair, gathering, market or sporting event.

complying development code means any of the following codes:

(a)  the General Housing Code,
(b)  the Rural Housing Code,
(c)  the Housing Alterations Code,
(d)  the General Development Code,
(e)  the Commercial and Industrial Alterations Code,
(e1)  the Commercial and Industrial (New Buildings and Additions) Code,
(f)  the Subdivisions Code,
(g)  the Demolition Code,
(h)  the Fire Safety Code.

corner lot means a lot that has 2 contiguous boundaries with a road or roads that intersect at an angle of 135 degrees or less (whether or not the lot has any other boundaries with a road).

council means the council of a local government area and, in relation to a particular development, means the council of the local government area in which the development will be carried out.

Demolition Code means the code for complying development set out in Part 7.

detached, in relation to a building or structure that is complying development, means more than 900mm from another building or structure.

detached studio means ancillary development that is habitable and is:

(a)  established in conjunction with a dwelling house, and
(b)  on the same lot of land as the dwelling house, and
(c)  separate from the dwelling house.

development consent includes an approval under Part 3A of the Act (before its repeal), and an approval under Part 5.1 of the Act.

dilapidation report means a report, prepared by a professional engineer, confirming the structural condition of the adjoining wall before any development commences.

draft heritage conservation area means an area of land identified as a heritage conservation area or place of Aboriginal heritage significance in a local environmental plan that has been subject to community consultation, other than an area that was consulted on before 1 March 2006, but has not been included in a plan before 27 February 2009.

draft heritage item means a building, work, archeological site, tree, place or aboriginal object identified as a heritage item in a local environmental plan that has been subject to community consultation, other than an item that was consulted on before 1 March 2006, but has not been included in a plan before 27 February 2009.

dwelling house means a building containing one dwelling, an attached dwelling or a semi-detached dwelling, but does not include any part of the building that is ancillary development or exempt development under this Policy.

environmentally sensitive area means any of the following:

(a)  the coastal waters of the State,
(b)  a coastal lake,
(c)  land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100m of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land to which Part 11 of that Act applies,
(i)  land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.

exempt development code means any of the following codes:

(a)  the General Exempt Development Code,
(b)  the Advertising and Signage Exempt Development Code,
(c)  the Temporary Uses and Structures Exempt Development Code.

Fire Safety Code means the code for complying development set out in Part 8.

fire sprinkler system means a system designed to automatically control the growth and spread of fire that may include components such as sprinklers, valves, pipework, pumps, boosters and water supplies.

flame zone (BAL-FZ) has the same meaning as it has in AS 3959—2009, Construction of buildings in bushfire-prone areas.

flood control lot means a lot to which flood related development controls apply in respect of development for the purposes of industrial buildings, commercial premises, dwelling houses, dual occupancies, multi dwelling housing or residential flat buildings (other than development for the purposes of group homes or seniors housing).

Note. This information is a prescribed matter for the purpose of a certificate under section 149 (2) of the Act.

floor area, for a balcony, deck, patio, pergola, terrace or verandah referred to in Part 3, 3A or 4, means the area of the balcony, deck, patio, pergola, terrace or verandah, measured at the floor level, within the outer face of:

(a)  the external walls if the balcony, deck, patio, pergola, terrace or verandah is enclosed, or
(b)  the balustrade or other safety barrier if the balcony, deck, patio, pergola, terrace or verandah, is not enclosed.

floor area, for a dwelling house referred to in Part 3, 3A or 4, means the sum of the areas of each storey of the dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah, measured at a height of 1.4m above each floor level, that is within the outer face of:

(a)  the external walls of the dwelling house, and
(b)  the walls of the carport, garage, balcony, deck, patio, pergola, terrace or verandah,
but does not include any of the following:
(c)  any part of an awning, blind or canopy that is outside the outer wall of a building,
(d)  the eaves,
(e)  a lift shaft,
(f)  a stairway,
(g)  a void above a lower storey.

floor area, for an outbuilding referred to in Part 3, 3A or 4, means the sum of the areas of each storey of the outbuilding, measured at a height of 1.4m above each floor level, within the outer face of:

(a)  the external walls of the outbuilding if it is enclosed, or
(b)  the supporting columns or posts of the outbuilding if it is not enclosed,
but does not include any of the following:
(c)  any part of an awning, blind or canopy that is outside the outer wall of a building,
(d)  the eaves,
(e)  a stairway.

foreshore area means the land between a foreshore building line and the mean high water mark of an adjacent waterbody (natural).

foreshore building line means the foreshore building line identified by:

(a)  a development control plan adopted before 12 December 2008, or
(b)  an environmental planning instrument.

General Development Code means the code for complying development set out in Part 4A.

General Exempt Development Code means the code for exempt development set out in Division 1 of Part 2.

General Housing Code means the code for complying development set out in Part 3.

habitable room has the same meaning as in the Building Code of Australia.

Note. The term is defined as a room used for normal domestic activities, other than a bathroom, laundry, toilet, pantry, walk in wardrobe, hallway, lobby, clothes drying room or other space of a specialised nature that is not occupied frequently or for extended periods.

hard stand space means an area of concrete, paving or other hard material at ground level designed solely for parking a motor vehicle.

heritage conservation area means an area of land identified as a heritage conservation area or a place of Aboriginal heritage significance, including any heritage items situated on or within that area, in an environmental planning instrument.

heritage item means a building, work, archaeological site, tree, place or Aboriginal object identified as a heritage item in an environmental planning instrument.

Housing Alterations Code means the code for complying development set out in Part 4.

industry has the same meaning as in the Standard Instrument but includes packaging industry.

lane means a public road, with a width greater than 3m but less than 7m, that is used primarily for access to the rear of premises, and includes a nightsoil lane.

off peak time means any time other than peak time.

outbuilding means any of the following:

(a)  balcony, deck, patio, pergola, terrace or verandah that is detached from a dwelling house,
(b)  cabana, cubby house, fernery, garden shed, gazebo or greenhouse,
(c)  carport that is detached from a dwelling house,
(d)  farm building,
(e)  garage that is detached from a dwelling house,
(f)  rainwater tank (above ground) that is detached from a dwelling house,
(g)  shade structure that is detached from a dwelling house,
(h)  shed.

packaging industry means a building or place used for the handling, storage or packaging of any products for commercial purposes.

parallel road means, in the case of a lot that has boundaries with parallel roads, the road that is not the primary road.

peak time means:

(a)  the time between 8:00 am and 10:00 pm on any Saturday, Sunday or public holiday, or
(b)  the time between 7:00 am and 10:00 pm on any other day.

Premises Standards means the Disability (Access to Premises—Buildings) Standards 2010 made under section 31 of the Disability Discrimination Act 1992 of the Commonwealth.

primary road means the road to which the front of a dwelling house, or a main building, on a lot faces or is proposed to face.

privacy screen means:

(a)  a structure that provides a screen or visual barrier between a window of a habitable room or an outdoor area on a lot and an adjoining lot that:
(i)  has no individual opening more than 30mm wide, and
(ii)  has a total area of all openings that is no more than 30% of the surface area of the screen or barrier, or
(b)  a window, the whole of which has translucent glass and is fixed and not able to be opened.

professional engineer has the same meaning as in the Building Code of Australia.

Note. The term is defined as a person who is:
(a)  if legislation is applicable—a registered professional engineer in the relevant discipline who has appropriate experience and competence in the relevant field, or
(b)  if legislation is not applicable:
(i)  a Corporate Member of the Institution of Engineers, Australia, or
(ii)  eligible to become a Corporate Member of the Institution of Engineers, Australia, and has appropriate experience and competence in the relevant field.

protected tree means a tree that requires a separate permit or development consent for pruning or removal, but does not include a tree that may be removed without development consent under this Policy.

residential zone means Zone R1, R2, R3, R4 or R5.

Rural Housing Code means the code for complying development set out in Part 3A.

rural zone means Zone RU1, RU2, RU3, RU4, RU5 or RU6.

secondary road means, in the case of a corner lot that has boundaries with adjacent roads, the road that is not the primary road.

setback means the horizontal distance between the relevant boundary of the lot and the building line.

setback area means the area between the building line and the relevant boundary of the lot.

Standard Instrument means the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

Subdivisions Code means the code for complying development set out in Part 6.

Temporary Uses and Structures Exempt Development Code means the code for exempt development set out in Division 3 of Part 2.

the Act means the Environmental Planning and Assessment Act 1979.

water utility means:

(a)  a council or county council exercising water supply functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993, or
(b)  a water supply authority or major utility within the meaning of the Water Management Act 2000.

working day means a day other than a Saturday, Sunday or public holiday.

(2)  A word or expression used in this Policy has the same meaning as it has in the Standard Instrument unless it is otherwise defined in this Policy.
(3)  (Repealed)
(4)  A reference in this Policy to a type of building or other thing is a reference to development for the purposes of that type of building or other thing.
(5)  Notes included in this Policy do not form part of this Policy.

1.6   Interpretation—references to land use zones

(1)  A reference in this Policy to a lot or to land in a named land use zone is a reference:
(a)  to land that, under an environmental planning instrument made as provided by section 33A (2) of the Act, is in a land use zone specified in the Standard Instrument, and
(b)  to land that, under an environmental planning instrument that is not made as provided by section 33A (2) of the Act, is in a land use zone in which equivalent land uses are permitted to those permitted in the named land use zone.
(1A)  Land identified as “Deferred matter” on the Land Application Map within the meaning of Warringah Local Environmental Plan 2011 is, for the purposes of this Policy, taken to be in Zone E3 Environmental Management.
(1B)  Despite subclause (1) (b), in relation to land:
(a)  to which an environmental planning instrument that is not made as provided by section 33A (2) of the Act applies, and
(b)  to which a draft environmental planning instrument that complies with that section and has been the subject of community consultation also applies,
a reference in this Policy to a lot or land in a named land use zone is a reference to a lot or land specified in such a zone in the last such draft environmental planning instrument that was the subject of such community consultation.
(1C)  In subclause (1B), community consultation means community consultation under section 57 of the Act or public exhibition under section 66 of the Act (as continued on by clause 12 of the Environmental Planning and Assessment Regulation 2000).
(2)  In this clause:

equivalent land uses, in relation to land in a named land use zone, means uses equivalent to the permitted land uses shown opposite that named land use zone in the table to this clause.

(3)  If the Director-General, by order published in the Gazette, determines that a land use zone in a specified environmental planning instrument that is not made as provided by section 33A (2) of the Act is a land use zone in which equivalent land uses are permitted to those permitted in a named land use zone, that certification is conclusive for the purposes of this clause.

Named land use zone

Permitted land uses

RU1 Primary Production

Primary production, including agriculture and a diverse range of primary industry enterprises

RU2 Rural Landscape

Compatible rural land uses, including extensive agriculture

RU3 Forestry

Forestry land uses and other development compatible with forestry land uses

RU4 Rural Small Holdings

Compatible rural land uses, including extensive agriculture on small rural lots

RU5 Village

Dwelling houses, business and retail premises and associated uses and facilities in a rural village setting

RU6 Transition

Housing and other land uses that provide a transition between rural land uses and other land uses of varying intensities or environmental sensitivities

R1 General Residential

Residential accommodation of various types and densities and associated services and facilities

R2 Low Density Residential

Generally low density dwellings with associated services and facilities

R3 Medium Density Residential

Mix of medium density dwellings with associated services and facilities

R4 High Density Residential

High density dwellings including residential flat buildings with associated services and facilities

R5 Large Lot Residential

Dwelling houses on large residential lots in a rural setting

B1 Neighbourhood Centre

Small scale business and retail premises, community facilities and shop top housing in a neighbourhood centre

B2 Local Centre

Business and retail premises, entertainment and community facilities and shop top housing in a local centre

B3 Commercial Core

Large scale business, office and retail premises and community and entertainment facilities in a major centre

B4 Mixed Use

A variety of business, office and retail premises, community and entertainment facilities and associated uses

B5 Business Development

Large floor area business uses, including warehouse or distribution centres, and specialised retail premises in areas that are close to, and support the viability of, centres

B6 Enterprise Corridor

Business premises, office premises, retail premises and light industries, warehouse or distribution centres and associated facilities along a main road, residential uses only as part of a mixed use development

B7 Business Park

Office premises and light industries, that encourage employment opportunities, together with associated facilities and services

B8 Metropolitan Centre

Large scale business, office and retail premises, public administration buildings, community and entertainment facilities, education establishments, health services and tourism accommodation

IN1 General Industrial

Depots, freight transport facilities, industries, neighbourhood shops and warehouse or distribution centres in a general industrial setting

IN2 Light Industrial

Depots, light industries, neighbourhood shops and warehouse or distribution centres in a light industrial setting

IN3 Heavy Industrial

Depots, freight transport facilities and heavy industries, including hazardous and offensive industries and storage establishments in a heavy industrial setting

IN4 Working Waterfront

Waterfront industrial and maritime activities, including boat launching ramps, boat repair facilities, jetties and light industries

SP1 Special Activities

Special land uses and development ancillary to those uses that is appropriate for the special character of the area

SP2 Infrastructure

Infrastructure development and other uses ancillary to that purpose

SP3 Tourist

Tourist-orientated development and related uses

RE1 Public Recreation

Public recreational uses and open space appropriate for the natural environment

RE2 Private Recreation

Private recreational uses, open space and ancillary facilities appropriate for the natural environment

E1 National Parks and Nature Reserves

Authorised uses in national parks and nature reserves

E2 Environmental Conservation

Development that is suitable in areas of high ecological, scientific, cultural or aesthetic value that will not threaten or have an adverse effect on those values

E3 Environmental Management

Development, including low density housing, that is suitable in areas of high ecological, scientific, cultural or aesthetic value and that will not threaten or have an adverse effect on those values

E4 Environmental Living

Low-impact residential housing that is suitable for areas with special ecological, scientific or aesthetic values

W1 Natural Waterways

Development that is appropriate for the ecological and scenic value of natural waterways

W2 Recreational Waterways

Recreational development that is appropriate for the ecological, scenic and recreational value of recreational waterways

W3 Working Waterways

Maritime industrial development and associated facilities that are appropriate on working waterways

1.7   Maps

(1)  A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name:
(a)  approved by the Minister when the map is adopted, and
(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.
(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Policy to any such named map is a reference to the relevant part or aspect of the single map.
(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4)  For the purposes of this Policy, a map may be in, and may be kept and made available in, electronic or paper form, or both.
(5)  This clause does not apply to an Acid Sulfate Soils Map.

1.8   Relationship with other State environmental planning policies

Note This clause is subject to section 36 (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 (Infrastructure) 2007 continues to apply and this Policy does not apply:
(a)  if this Policy and State Environmental Planning Policy (Infrastructure) 2007 specify the same development as complying development,
(b)  if this Policy and State Environmental Planning Policy (Infrastructure) 2007 specify the same development as exempt development,
(c)  if this Policy specifies development as exempt development and State Environmental Planning Policy (Infrastructure) 2007 specifies the same development as complying development,
(d)  if this Policy specifies development as complying development and State Environmental Planning Policy (Infrastructure) 2007 specifies the same development as exempt development.
(3)  If this Policy and State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 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 (Affordable Rental Housing) 2009 specify the same development as either exempt or complying development, that Policy prevails to the extent of any inconsistency.
(4A)  (Repealed)
(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.

1.9   Relationship with local environmental plans and development control plans

(1) Exempt or complying development under this Policy and standard plans
A standard plan does not apply to development that is specified in the plan as exempt development or complying development and that is specified in this Policy as exempt development or complying development.
(2) Exempt development under this Policy and non-standard plans
If this Policy and a non-standard plan specify the same development as exempt development, the non-standard plan does not apply to that development.
(3) Subclause (1) does not apply in relation to land in Bathurst Regional
Despite subclause (1), if this Policy and Bathurst Regional Local Environmental Plan 2014 specify the same development as exempt development or complying development, that Plan continues to apply to that development.
(4) Complying development under this Policy and non-standard plans
If this Policy and a non-standard plan specify the same development as complying development, the non-standard plan continues to apply to that development.
(5) Subclause (4) not to apply in relation to land in Kiama or Wyong
Despite subclause (4), if this Policy and a non-standard plan that applies to land in the local government area of Kiama or Wyong specify the same development as complying development, that plan does not apply to that development.
(6) Complying development under this Policy and exempt development under non-standard plan
If this Policy specifies development as complying development and a non-standard plan specifies the same development as exempt development, the non-standard plan does not apply to that development.
(6A)  (Repealed)
(7) Exempt development under this Policy and complying development under non-standard plan
If this Policy specifies development as exempt development and a non-standard plan specifies the same development as complying development, the non-standard plan continues to apply to that development.
(8) Subclause (7) not to apply in relation to land in Kiama and Wyong
Despite subclause (7), if this Policy specifies development as exempt development and a non-standard plan that applies to land in the local government area of Kiama or Wyong specifies the same development as complying development, that plan does not apply to that development.
(9) Additional exempt and complying development under standard and non-standard plans
If a standard plan or non-standard plan 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 plan in relation to that development.
(10)  If a provision of this clause provides for a plan to continue to apply to development, that development may be carried out under this Policy or under the plan.
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.
(11)  In this clause:

non-standard plan means a local environmental plan (whether made before or after the commencement of this Policy) that has not been made as provided by section 33A (2) of the Act and a deemed environmental planning instrument and includes a development control plan adopted for the purposes of the plan or instrument.

standard plan means a local environmental plan (whether made before or after the commencement of this Policy) that has been made as provided by section 33A (2) of the Act and includes a development control plan adopted for the purposes of the plan.

1.10   Same development

(1)  For the purposes of this Policy, 2 or more instruments are taken to specify the same development if they specify that development for the same purpose may be carried out on the same land, even though there may be some differences in the specifications or development standards for that development.
Note. For example, “deck” is a development, even if the size of the deck or its location varies in different local environmental plans or development control plans.
(2)  The Director-General may certify in writing, for the purpose of this Policy, that 2 or more instruments do, or do not, specify the same development and any such certificate has effect according to its tenor.
(3)  Notice of any certification by the Director-General under subclause (2) must be published in the Gazette.

1.11   Amendment of environmental planning instruments

The environmental planning instruments specified in Schedule 1 are amended as set out in that Schedule.

1.12   Variations to certain codes

(1)  The exempt development codes are varied, in relation to the land described or otherwise identified on a map specified in Column 1 of the Table to Schedule 2, in the manner described opposite that land in Column 2.
(2)  The complying development codes are varied, in relation to the land described or otherwise identified on a map specified in Column 1 of the Table to Schedule 3, in the manner described opposite that land in Column 2.
(3)  If the exempt development codes or the complying development codes are varied because of the application of subclause (1) or (2) in relation to land, any provision of an existing local environmental plan or development control plan that would have applied to that land, but for clause 1.9, does not apply to that land.

1.13   Savings provisions

(1)  A development application or an application for a complying development certificate that has been made but not finally determined before the commencement of this Policy, or an amendment to this Policy, must be determined as if this Policy or the amendment had not commenced.
(2)  A development application or an application for a complying development certificate that has been made but not finally determined before the commencement of State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 must be determined as if that Policy had not commenced.
(3)  Development that was commenced before the commencement of State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 and that was, immediately before that commencement, exempt development in accordance with an environmental planning instrument that was amended by that Policy may be continued as if that Policy had not commenced.

1.14   Review of Policy

The Minister must ensure that the provisions of this Policy are reviewed at least every 5 years after its commencement.
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