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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 3 Definitions

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 3

Definitions

3 Definitions

(cf clause 3 of EP[#38]A Regulation 1994)

(1) In this Regulation--


"accredited practitioner" means the holder of an accreditation under the Building and Development Certifiers Act 2018 that authorises the holder to exercise the functions of an accredited practitioner.


"accredited practitioner (fire safety)" means an accredited practitioner whose class of accreditation authorises the holder to exercise the functions of an accredited practitioner (fire safety) who is acting in respect of matters to which the accreditation applies.


"Apartment Design Guide" has the same meaning as in State Environmental Planning Policy No 65--Design Quality of Residential Apartment Development .


"approval body" has the same meaning as in section 4.45 of the Act.


"assessment method" has the same meaning as in the Building Code of Australia .


"Australian Rail Track Corporation Ltd" means the Australian Rail Track Corporation Ltd (ACN 081 455 754).


"authorised fire officer" means a person who is authorised by section 9.35(1)(d) of the Act to give fire safety orders.


"BASIX affected building" means any building that contains one or more dwellings, but does not include a hotel or motel.


"BASIX affected development" means any of the following development that is not BASIX excluded development--
(a) development that involves the erection (but not the relocation) of a BASIX affected building,
(b) development that involves a change of building use by which a building becomes a BASIX affected building,
(c) development that involves the alteration, enlargement or extension of a BASIX affected building, where the estimated construction cost of the development is--
(i) $100,000 or more--in the case of development for which a development application or an application for a complying development certificate is made on or after 1 October 2006 and before 1 July 2007, or
(ii) $50,000 or more--in the case of development for which a development application or an application for a complying development certificate is made on or after 1 July 2007,
(d) development for the purpose of a swimming pool or spa, or combination of swimming pools and spas, that services or service only one dwelling and that has a capacity, or combined capacity, of 40,000 litres or more.

"BASIX certificate" means a certificate issued by the Planning Secretary under clause 164A.


"BASIX excluded development" means any of the following development--
(a) development for the purpose of a garage, storeroom, car port, gazebo, verandah or awning,
(b) alterations, enlargements or extensions to a building listed on the State Heritage Register under the Heritage Act 1977 ,
(c) alterations, enlargements or extensions that result in a space that cannot be fully enclosed (for example, a verandah that is open or enclosed by screens, mesh or other materials that permit the free and uncontrolled flow of air), other than a space can be fully enclosed but for a vent needed for the safe operation of a gas appliance,
(d) alterations, enlargements or extensions that the Planning Secretary has declared, by order published in the Gazette, to be BASIX excluded development.

"BASIX optional development" means any of the following development that is not BASIX excluded development--
(a) development that involves the alteration, enlargement or extension of a BASIX affected building, where the estimate of the construction cost of the development is--
(i) less than $100,000--in the case of development for which a development application or an application for a complying development certificate is made on or after 1 October 2006 and before 1 July 2007, or
(ii) less than $50,000--in the case of development for which a development application or an application for a complying development certificate is made on or after 1 July 2007,
(b) development for the purpose of a swimming pool or spa, or combination of swimming pools and spas, that services or service only one dwelling and that has a capacity, or combined capacity, of less than 40,000 litres.

"building premises" , in relation to a building, means the building and the land on which it is situated.


"capital investment value" of a development or project includes all costs necessary to establish and operate the project, including the design and construction of buildings, structures, associated infrastructure and fixed or mobile plant and equipment, other than the following costs--
(a) amounts payable, or the cost of land dedicated or any other benefit provided, under a condition imposed under Division 7.1 or 7.2 of the Act or a planning agreement under that Division,
(b) costs relating to any part of the development or project that is the subject of a separate development consent or project approval,
(c) land costs (including any costs of marketing and selling land),
(d) GST (within the meaning of A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth).

"Category 1 fire safety provision" means the following provisions of the Building Code of Australia , namely, EP1.3, EP1.4, EP1.6, EP2.1, EP2.2 and EP3.2 in Volume One of that Code and P2.3.2 in Volume Two of that Code.


"Category 2 fire safety provision" means the following provisions of the Building Code of Australia , namely, CP9, EP1.3, EP1.4, EP1.6, EP2.2 and EP3.2 in Volume One of that Code.


"Category 3 fire safety provision" means the following provisions of the Building Code of Australia , namely, EP1.3, EP1.4, EP1.6, EP2.2 and EP3.2 in Volume One of that Code.


"class" , in relation to a building or part of a building, means--
(a) in a provision of this Regulation that imposes requirements with respect to a development consent, the class to which the building belongs, as identified by that consent, or
(b) in any other provision of this Regulation, the class to which the building or part of a building belongs, as ascertained in accordance with the Building Code of Australia .

"Class 1 aquaculture development" means development that is categorised as Class 1 under Part 5 of State Environmental Planning Policy (Primary Production and Rural Development) 2019 .


"coastal council" means a local council to which the Coastal Management Act 2016 applies.


"concurrence authority" means a person whose concurrence is, by the Act or an environmental planning instrument or by Part 7 of the Biodiversity Conservation Act 2016 , required by the consent authority before determining a development application.


"contributions plan" means a contributions plan referred to in section 7.18 of the Act.


"Dark Sky Planning Guideline" means the Dark Sky Planning Guideline prepared by the Planning Secretary and published in the Gazette.
Note : The Guideline is available on the website of the Department.

"deemed-to-satisfy provisions" has the same meaning as in the Building Code of Australia .


"design quality principles" has the same meaning as in State Environmental Planning Policy No 65--Design Quality of Residential Apartment Development .


"design review panel" has the same meaning as in State Environmental Planning Policy No 65--Design Quality of Residential Apartment Development .


"dwelling" , in relation to a BASIX affected building, means a room or suite of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile.


"entertainment venue" means a building used as a cinema, theatre or concert hall or an indoor sports stadium.


"environmental impact statement" means an environmental impact statement referred to in section 4.12, 5.7 or 5.16 of the Act.


"existing use right" means a right conferred by Division 4.11 of the Act.


"exit" has the same meaning as in the Building Code of Australia .


"external combustible cladding" , in relation to a building, means--
(a) any cladding or cladding system comprising metal composite panels, including aluminium, zinc and copper, that is applied to any of the building's external walls or to any other external area of the building, or
(b) any insulated cladding system, including a system comprising polystyrene, polyurethane or polyisocyanurate, that is applied to any of the building's external walls or to any other external area of the building.

"fire alarm communication link" means that part of a fire alarm system which transmits a fire alarm signal from the system to an alarm monitoring network.


"fire alarm communication link works" means the installation or conversion of a fire alarm communication link to connect with the fire alarm monitoring network of a private service provider, but does not include works that are associated with the alteration, enlargement, extension or change of use of an existing building.


"Fire Commissioner" means the Commissioner of Fire and Rescue NSW.


"fire compartment" has the same meaning as in the Building Code of Australia .


"fire protection and structural capacity" of a building means--
(a) the structural strength and load-bearing capacity of the building, and
(b) the measures to protect persons using the building, and to facilitate their egress from the building, in the event of fire, and
(c) the measures to restrict the spread of fire from the building to other buildings nearby.

"fire safety engineer" means a person registered under the Building and Development Certifiers Act 2018 whose registration authorises the person to exercise the functions of a fire safety engineer.


"fire safety order" means an order of the kind referred to in item 6 of the table to section 121B(1) of the Act and includes, if an order is subsequently made under section 121R of the Act, an order under that section.


"fire safety requirement" means a requirement under the Building Code of Australia relating to--
(a) a fire safety system, as defined in the Building Code of Australia , and components of a fire safety system, or
(b) the safety of persons in the event of fire, or
(c) the prevention, detection or suppression of fire.

"fire safety schedule" means a schedule referred to in clause 168(1) or 182(2).


"fire sprinkler system" means a system designed to automatically control the growth and spread of fire that may include components such as sprinklers, valves, pipework, pumps, boosters and water supplies.


"gateway certificate" means a gateway certificate issued under Part 4AA of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 .


"Gateway Panel" means the Mining and Petroleum Gateway Panel constituted under Part 4AA of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 .


"Lord Howe Island Board" means the corporation constituted under section 4 of the Lord Howe Island Act 1953 .


"manor house" has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 .


"multi dwelling housing (terraces)" has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 .


"nominated integrated development" means integrated development (not being threatened species development or Class 1 aquaculture development) that requires an approval (within the meaning of section 4.45 of the Act) under--
(a) a provision of the Heritage Act 1977 specified in section 4.46(1) of the Act, or
(b) a provision of the Water Management Act 2000 specified in section 4.46(1) of the Act, or
(c) a provision of the Protection of the Environment Operations Act 1997 specified in section 4.46(1) of the Act.

"performance requirement" has the same meaning as in the Building Code of Australia .


"performance solution" has the same meaning as in the Building Code of Australia .


"planning agreement" means an agreement referred to in section 7.4 of the Act.


"Planning Assessment Commission" or
"Commission" means the Independent Planning Commission.


"private service provider" means a person or body that has entered into an agreement with Fire and Rescue NSW to monitor fire alarm systems.


"proprietor" , in relation to a registered non-government school, has the same meaning as in the Education Act 1990 .


"qualified designer" means a person registered as an architect in accordance with the Architects Act 2003 .
Note : A building designer may be able to be registered as an architect in accordance with the Architects Act 2003 even though the person may have no formal qualifications in architecture.

"regional panel" means a Sydney district or regional planning panel.


"registered body corporate" has the same meaning as in the Building and Development Certifiers Act 2018 .


"registered non-government school" means a registered non-government school within the meaning of the Education Act 1990 , other than one to which a current certificate of exemption applies under that Act.


"relevant BASIX certificate" , in relation to development, means--
(a) in the case of development the subject of development consent--
(i) a BASIX certificate that is applicable to the development when development consent is granted or (in the case of development consent modified under section 4.55 of the Act) modified, or
(ii) if a replacement BASIX certificate accompanies any subsequent application for a construction certificate, the replacement BASIX certificate applicable to the development when the construction certificate is issued or (in the case of a construction certificate modified under clause 148) modified, or
(b) in the case of development the subject of a complying development certificate, a BASIX certificate that is applicable to the development when the complying development certificate is granted or (in the case of a complying development certificate modified under section 4.30 of the Act) modified.

"relevant submission period" means--
(a) in relation to submissions concerning a draft development control plan, the submission period specified for the plan in the notice referred to in clause 18(1), or
(b) in relation to submissions concerning a draft contributions plan, the submission period specified for the plan in the notice referred to in clause 28, or
(c) in relation to submissions concerning designated development that has been notified as required by section 79(1) of the Act, the submission period specified for the development in the notice referred to in clause 78(1), or
(e) in relation to submissions concerning nominated integrated development that has been notified as required by section 79A(1) of the Act, the submission period specified for the development in the notice referred to in clause 89(1), or
(f) in relation to submissions concerning development that has been notified or advertised as required by a development control plan referred to in section 79A(2) of the Act, the submission period specified for the development in the instrument by which the development has been so notified or advertised, or
(h) in relation to submissions concerning development of a kind referred to in two or more of paragraphs (c), (d), (e) and (f), the longer or longest of those periods.

"required" , when used as an adjective, has the same meaning as in the Building Code of Australia .


"residential apartment development" has the same meaning as in State Environmental Planning Policy No 65--Design Quality of Residential Apartment Development .


"section 7.11 condition" means a condition under section 7.11 of the Act requiring the dedication of land or the payment of a monetary contribution, or both.


"section 7.11 contribution" means the dedication of land, the payment of a monetary contribution or the provision of a material public benefit, as referred to in section 7.11 of the Act.


"section 7.12 condition" means a condition under section 7.12 of the Act requiring the payment of a levy.


"section 7.12 levy" means the payment of a levy, as referred to in section 7.12 of the Act.


"Siding Spring Observatory" means the land owned by the Australian National University at Siding Spring and the buildings and equipment on that land.


"site compatibility certificate" means the following--
(a) site compatibility certificate (affordable rental housing),
(b) site compatibility certificate (infrastructure),
(c) site compatibility certificate (seniors housing),
(d) site compatibility certificate (schools or TAFE establishments).

"site compatibility certificate (affordable rental housing)" means a certificate issued under clause 37(5) of State Environmental Planning Policy (Affordable Rental Housing) 2009 .


"site compatibility certificate (infrastructure)" means a certificate issued under clause 19(5) of State Environmental Planning Policy (Infrastructure) 2007 .


"site compatibility certificate (schools or TAFE establishments)" means a certificate issued under clause 15(5) of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 .


"site compatibility certificate (seniors housing)" means a certificate issued under clause 25(4) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 .


"site verification certificate" means a site verification certificate issued under Part 4AA of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 .


"Standard Instrument" means the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006 .


"State Significant Development Guidelines" means the State Significant Development Guidelines prepared by the Secretary as in force from time to time and available on the website of the Department.


"State Significant Infrastructure Guidelines" means the State Significant Infrastructure Guidelines prepared by the Secretary as in force from time to time and available on the website of the Department.


"temporary building" means--
(a) a temporary structure, or
(b) a building that is stated to be a temporary building in a development consent or complying development certificate granted or issued in relation to its erection.

"the Act" means the Environmental Planning and Assessment Act 1979 .


"threatened species development" means development to which section 7.7(2) of the Biodiversity Conservation Act 2016 or section 221ZW of the Fisheries Management Act 1994 applies.
Note : The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) A reference in this Regulation to building work does not include a reference to any physical activity involved in the erection of a temporary structure.
Note :
"Building work" is defined by the Act to mean any physical activity involved in the erection of a building.
(3) A reference in this Regulation to an existing building does not include a reference to a temporary structure.
(4) A reference in this Regulation to a consent authority's website means--
(a) if the consent authority is a council, local planning panel or regional panel--the website of the council or councils of the area in which the development concerned is to be carried out, or
(b) if the consent authority is the Minister, the Independent Planning Commission or a public authority--the NSW planning portal.