New South Wales Consolidated Regulations

PORT STEPHENS LOCAL ENVIRONMENTAL PLAN 2000 - REG 49

49 Exempt development

(1) The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2) Development specified in Schedule 3 that meets the standards for the development contained in that Schedule and any other requirements contained in that Schedule and that complies with the requirements of this clause is "exempt development".

(3) To be exempt development:

(a) the development must:

(i) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia , and

(ii) be more than 1 metre from any easement or public sewer main, and

(iii) if it relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2-9, have a current fire safety certificate or fire safety statement or be a building for which no fire safety measures are currently implemented, required or proposed, and

(b) the development must not:

(i) if it relates to an existing building, cause the building to contravene the Building Code of Australia , or

(ii) require a tree to be removed, or

(iii) create interference with the neighbourhood because it is noisy, causes vibrations, creates smells, fumes, smoke, vapour, steam, soot, ash, dust, waste water, grit or oil, or

(iv) be designated development, or

(v) be development on land that comprises, or on which there is, an item of environmental heritage that is listed on the State Heritage Register under the Heritage Act 1977 or in Schedule 2 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977 , or

(vi) be on or in an environmentally sensitive area of State significance.