New South Wales Consolidated Regulations

PORT STEPHENS LOCAL ENVIRONMENTAL PLAN 2000 - REG 49A

49A Complying development

(1) The objective of this clause is to identify development as complying development.

(2) Development specified in Schedule 4 that is carried out in compliance with the standards listed in that Schedule in respect of the development and any other requirements contained in that Schedule and that complies with the requirements of this clause is "complying development".

(3) To be complying development, the development must:

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

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

(c) have an approval, if required by the Local Government Act 1993 , from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4) To be complying development, the development must not be carried out on or in:

(a) a site that has at any time previously been used:

(i) as a service station, or

(ii) as a sheep or cattle dip, or

(iii) for intensive agriculture, or

(iv) for mining (but not underground mining) or an extractive industry, or

(v) for waste storage or waste treatment, or

(vi) for the manufacture of chemicals, asbestos, or asbestos products, or

(b) an environmentally sensitive area of State significance, or

(c) land to which clause 51A (Development on land identified on Acid Sulfate Soils Planning Maps) applies, or

(d) land to which clause 38 (Development on flood prone land) applies, or

(e) land located within the 20 Australian Noise Exposure Forecast contour as identified on the 2012 Australian Noise Exposure Forecast for Salt Ash Air Weapons Range and for RAAF Base Williamtown.