State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007
19 Exempt development
Note.Under section 4.1 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.The section states that exempt development—(a) must be of minimal environmental impact, and(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).Specifying a type of development as exempt development does not authorise the contravention of any condition of development consent, or any lease or licence under the National Parks and Wildlife Act 1974, applying to the land on which the exempt development is carried out. Nor does it authorise the contravention of any other law that may apply, including the prohibitions set out in Part 8A (Threatened species, populations and ecological communities, and their habitats, and critical habitat) of the National Parks and Wildlife Act 1974.(1) The objective of this clause is to identify development of minimal environmental impact as exempt development.(2) Development specified in Schedule 2 that meets the requirements for the development contained in that Schedule, and that complies with the requirements of this clause, is exempt development.(3) To be exempt development, the development—(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and(c) must not be designated development, and(d) must not be carried out on land that comprises, or on which there is, a heritage item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977, and(e) must not be carried out on land that is an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974 or that is shown coloured pink or blue in figure 6.1 of Perisher Range Resorts Environmental Study (October 2002), prepared by Connell Wagner Pty Ltd for the National Parks and Wildlife Service.(4) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is not exempt development unless—(a) the building has a current fire safety certificate or fire safety statement, or(b) no fire safety measures are currently implemented, required or proposed for the building.(5) Development is not exempt development if the development involves damage to any plant that is part of any of the following plant communities on land identified as containing such a plant community in any Figure (other than Figures 1 and 11) in the Kosciuszko Resorts Vegetation Assessment—(a) feldmark,(b) short alpine herbfield,(c) snowpatch.(6) In this clause—damage, in relation to a plant, means the ringbarking, cutting down, topping, lopping, slashing, trimming, removing, poisoning, injury or wilful destruction of the plant.