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Contents (1979 - 203)
Environmental Planning and Assessment Act 1979 No 203
Current version for 13 October 2017 to date (accessed 19 November 2017 at 16:11)
Part 4 Division 1 Section 76
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 a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994, 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.