Environmental Planning and Assessment Act 1979 No 203
Historical version for 8 July 2002 to 31 July 2002 (accessed 12 August 2020 at 09:56) Current version
Part 4 Division 1 Section 76A
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) Two types of development that need consent Development that may not be carried out except with development consent comprises 2 types, namely:
(a)  local development (which includes complying development), and
(b)  State significant development.
(4) Local development Local development is development that is described in subsection (1) and that is not State significant development.
(5) Complying development An environmental planning instrument may provide that local development that can be addressed by specified predetermined development standards is complying development.
(6)  A provision under subsection (5) cannot be made:
(a)  if the development is State significant development, or
(b)  if the development is designated development, or
(c)  if the development is development for which development consent cannot be granted except with the concurrence of a person other than:
(i)  the consent authority, or
(ii)  the Director-General of National Parks and Wildlife as referred to in section 79B (3), or
(d)  so as to apply to land that is critical habitat, or
(e)  so as to apply to land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987), or
(f)  so as to apply to land that comprises, or on which there is, an item of the environmental heritage:
(i)  that is subject to an interim heritage order under the Heritage Act 1977, or that is listed on the State Heritage Register under that Act, or
(ii)  that is identified as such an item in an environmental planning instrument, or
(g)  so as to apply to land that is identified as an environmentally sensitive area in the environmental planning instrument that makes provision for the complying development.
A provision made under subsection (5) has no effect in relation to development or land at any time during which the development or land is development or land to which paragraph (a)–(g) applies.
Note.
 Further provisions concerning complying development are found in Division 3 of this Part.
(7) State significant development State significant development is:
(a)  development:
(i)  that is declared by a State environmental planning policy or a regional environmental plan to be State significant development, and
(ii)  that may be carried out with development consent, or
(b)  particular development, or a particular class of development:
(i)  that, under an environmental planning instrument, may be carried out with development consent, and
(ii)  that, in the opinion of the Minister, is of State or regional environmental planning significance, and
(iii)  that is declared by the Minister, by notice in the Gazette, to be State significant development, or
(c)  development that is proposed to be carried out in accordance with a development application that the Minister has directed, under section 88A, to be referred to the Minister for determination, or
(d)  prohibited development in respect of which a direction by the Minister under section 89 is in force.
(8)  If:
(a)  a project comprises development part of which is State significant development, all other development comprised in the project is taken to be State significant development, and
(b)  but for this provision, part of State significant development would be subject to Part 5, this Part applies to the exclusion of Part 5 and the development may be carried out with development consent, and
(c)  but for this provision, part of State significant development would be prohibited, the development may be carried out with development consent.
(9)  The Minister is the consent authority for State significant development.