New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 1.17A

1.17A Requirements for complying development for all environmental planning instruments

To be complying development for the purposes of any environmental planning instrument, the development must not:

(a) be development for which development consent cannot be granted except with the concurrence of a person other than:

(i) the consent authority, or

(ii) the Director-General of the Department of Environment, Climate Change and Water as referred to in section 79B (3) of the Act, or

(b) be on land that is critical habitat, or

(c) be on land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987 ), or

(d) be on land that comprises, or on which there is, an item of environmental heritage:

(i) that is subject to an interim heritage order under the Heritage Act 1977 , or that is listed on the State Heritage Register under that Act, or

(ii) that is identified as such an item in an environmental planning instrument, or

(e) be on land that is within an environmentally sensitive area.