Environmental Planning and Assessment Regulation 2000
Historical version for 30 September 2015 to 1 October 2015 (accessed 28 May 2020 at 03:00) Current version
Part 17 Clause 273
273   Development excluded from application of requirements relating to bush fire prone land
(1)  Development comprising the erection, on land in an urban release area, of a building that is, or is ancillary to, a dual occupancy, dwelling house or secondary dwelling is excluded from the application of section 79BA of the Act if:
(a)  the consent authority has been provided with a bush fire safety authority for the subdivision of the land that:
(i)  was in force on the date on which the development application for the development was duly lodged, and
(ii)  was issued no more than 5 years before that date, and
(b)  the consent authority is satisfied that the proposed development complies with standards (concerning setbacks, asset protection zones, provision of water supply or other matters) specified in the bush fire safety authority that are relevant to that development, and
(c)  the consent authority has been provided with a copy of a plan of subdivision that:
(i)  shows bush fire attack levels for the land, and
(ii)  contains a notation from the NSW Rural Fire Service showing that the plan was considered when the application for the bush fire safety authority was determined under the Rural Fires Act 1997, and
(iii)  accompanies a certificate (a post-subdivision bush fire attack level certificate) to the effect that, when the certificate was issued, the bush fire attack level of the part of the land on which the development is proposed to be carried out corresponded to the bush fire attack level shown on the plan and that part of the land was not in bush fire attack level–40 (BAL–40) or the flame zone (BAL–FZ).
(2)  The post-subdivision bush fire attack level certificate must:
(a)  specify the address and formal particulars of title of the land to which it relates, and
(b)  specify the date on which it was issued, and
(c)  contain identifying particulars of the bush fire safety authority, and
(d)  if the subdivision to which the bush fire safety authority relates required development consent—contain identifying particulars of that development consent (such as the name of the applicable consent authority or certifying authority, the date on which the consent was granted or issued and any registered number of the consent).
(3)  A post-subdivision bush fire attack level certificate may only be issued by the NSW Rural Fire Service or a recognised consultant.
(4)  If an application for a post-subdivision bush fire attack level certificate is made to the NSW Rural Fire Service, it must be accompanied by the fee determined by the NSW Rural Fire Service.
(5)  The maximum fee that the NSW Rural Fire Service may charge for the application is as follows:
(a)  if the application relates to a single lot or proposed lot—$500, or
(b)  if the application relates to 2 to 10 lots or proposed lots—$500, plus $300 for each lot or proposed lot exceeding 1 lot, or
(c)  if the application relates to 11 or more lots or proposed lots—$3,200, plus $150 for each lot or proposed lot exceeding 10 lots.
(6)  A recognised consultant must, within 7 days after issuing a post-subdivision bush fire attack level certificate, forward it to the Commissioner of the NSW Rural Fire Service.
(7)  The methodology for determining bush fire attack levels, for the purposes of this clause, is the methodology approved by the Commissioner of the NSW Rural Fire Service by notice published in the Gazette.
(8)  In this clause:
AS 3959—2009 means the Australian Standard AS 3959—2009, Construction of buildings in bushfire-prone areas.
bush fire attack level has the same meaning as in AS 3959—2009.
bush fire attack level–40 (BAL–40) and flame zone (BAL–FZ) have the same meanings as in Appendix G to AS 3959–2009.
Note.
 More information about bush fire attack levels, including the flame zone, can be found in Table A3.4.2 of Addendum: Appendix 3 (published by the NSW Rural Fire Service in 2010) to the publication titled Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in 2006.
bush fire safety authority has the same meaning as in Division 8 of Part 4 of the Rural Fires Act 1997.
dual occupancy, dwelling house and secondary dwelling have the same meanings as in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.
recognised consultant means a person recognised by the NSW Rural Fire Service as a qualified consultant in bush fire risk assessment.
urban release area means land that is shown as being within an urban release area on the series of maps marked “Bush Fire Planning—Urban Release Area Map” (approved by the Secretary, by notice published in the Gazette, and held in the head office of the Department), as amended by the maps (or specified sheets of maps) that are:
(a)  approved by the Secretary, by notice published in the Gazette, and
(b)  marked as specified in that notice, and
(c)  held in the head office of the Department.