New South Wales Consolidated Regulations

RURAL FIRES REGULATION 2002 - REG 46A

46A Development excluded from requirements for bush fire safety authority

(1) For the purposes of section 100B (5) (a1) of the Act, the following development is excluded from the operation of that section:

(a) development for the purposes of licensed premises that do not provide overnight accommodation (other than for the owner or manager of the premises),

(b) strata subdivision of a building, but only if development consent for the erection of the building was granted in accordance with section 79BA of the Environmental Planning and Assessment Act 1979 ,

(c) strata subdivision of a class 2 building erected before 1 August 2002, but only if the building complies with the requirements of Level 1 construction under AS 3959-1999, Construction of buildings in bushfire-prone areas ,

(d) subdivision of land for the purposes of converting an existing dwelling to a dual occupancy, but only if development consent for the dwelling was granted in accordance with section 79BA of the Environmental Planning and Assessment Act 1979 ,

(e) subdivision of land (including any boundary adjustments) that is leased under the Western Lands Act 1901 ,

(f) subdivision for the purposes of consolidations of lots or boundary adjustments on land where the number of lots is reduced, but only if any existing dwelling on the land complies with the requirements of Appendix 3 (Site Bush Fire Attack Assessment) of Planning for Bush Fire Protection ,

(g) development for the purposes of bed and breakfast accommodation using an existing building, but only if the building is more than 30 metres from native vegetation,

(h) subdivision of land used or proposed to be used for industrial purposes on which the erection of a dwelling related to the industrial use of the land (such as a manager’s residence) is permitted,

(i) subdivision of land for a rural residential purpose in a Western New South Wales district, but only if:

(i) no lot created by the subdivision is greater than 10 hectares, and

(ii) the bush fire prone land in any lot is less than 10 per cent of the lot, and

(iii) each lot has direct access to an existing public road.

(2) In this clause:
"Building Code of Australia" has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .
"class", in relation to a building, means a building of the specified class under the Building Code of Australia .
"Western New South Wales district" means any of the following weather forecast districts referred to in Schedule 1:

(a) Upper Western Weather Forecast District,

(b) Lower Western Weather Forecast District,

(c) Riverina Weather Forecast District,

(d) South West Slopes Weather Forecast District,

(e) Central West Plains Weather Forecast District,

(f) Central West Slopes Weather Forecast District,

(g) Central Tablelands Weather Forecast District,

(h) North West Plains Weather Forecast District,

(i) North West Slopes Weather Forecast District.