New South Wales Consolidated Regulations

NAMBUCCA LOCAL ENVIRONMENTAL PLAN 1995 - REG 5A

5A What is exempt and complying development?

(1) Development of minimal environmental impact listed as exempt development in Nambucca Development Control Plan (DCP) No 10 Guidelines for Exempt and Complying Development as adopted by the Council on 19 July 2001 is "exempt development", despite any other provision of this plan.

(2) Development listed as complying development in Nambucca Development Control Plan (DCP) No 10 Guidelines for Exempt and Complying Development as adopted by the Council on 19 July 2001 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 Nambucca Development Control Plan (DCP) No 10 Guidelines for Exempt and Complying Development as adopted by the Council on 19 July 2001.

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Nambucca Development Control Plan (DCP) No 10 Guidelines for Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.