New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 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 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.