New South Wales Consolidated Regulations

BROKEN HILL LOCAL ENVIRONMENTAL PLAN 1996 - REG 10A

10A What is exempt and complying development?

(1) Development of minimal environmental impact listed as exempt development in Development Control Plan No 9-Exempt and Complying Development , as adopted by the Council on 18 December 2002 is "exempt development" despite any other provision of this plan.

(2) Development listed as complying development in Development Control Plan No 9-Exempt and Complying Development , as adopted by the Council on 18 December 2002 is "complying development" if:

(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b) it is not an existing use, as defined in section 106 of the Act.

(3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 9-Exempt and Complying Development , as adopted by the Council on 18 December 2002.

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 9-Exempt and Complying Development as adopted by the Council, as in force when the certificate is issued.