ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 4.2 Development that needs consent

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 4.2

4.2 Development that needs consent

(cf previous s 76A)

(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.

: Maximum penalty--Tier 1 monetary penalty.

(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.

(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.

Note : Division 4.7 makes provision with respect to State significant development.