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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 9 June 2009 to 30 June 2009 (accessed 5 April 2020 at 07:37) Current version
Part 4 Division 1
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(3), (4)    (Repealed)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)  A provision under subsection (5) cannot be made:
(a)    (Repealed)
(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)–(9)    (Repealed)
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.