New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY NO 60--EXEMPT AND COMPLYING DEVELOPMENT - REG 7

7 What development is exempt development

(1) Development specified in Schedule 3 that meets the standards for the development contained in that Schedule and that complies with the requirements of this clause is exempt development for the purposes of this Policy.

(2) 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, the building must have a current fire safety certificate or fire safety statement or the building must 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.

(3) Exempt development cannot be carried out on:

(a) the site of an item of the environmental heritage that:

(i) is identified as such in an environmental planning instrument applying to the land, or

(ii) is listed on the State Heritage Register under the Heritage Act 1977 , or

(iii) is subject to an interim heritage order under the Heritage Act 1977 , or

(b) land within a heritage conservation area that is identified as such in an environmental planning instrument applying to the land, or

(c) land identified:

(i) by the consent authority on a map held in the consent authority’s offices, or

(ii) in an environmental planning instrument, or

(iii) in a development control plan,

as an environmentally sensitive area for exempt development, or

(d) land:

(i) in regional NSW that is within 40 metres of a perennial watercourse identified by a 1:50,000 topographic map held by the Land Information Centre, or

(ii) that is an Aboriginal place identified by the National Parks and Wildlife Act 1974 or contains an Aboriginal relic, or

(iii) that is reserved or dedicated under the National Parks and Wildlife Act 1974 , or

(iv) that is a State forest dedicated under the Forestry Act 1916 , or

(v) the surface of which generally has a slope greater than 18 degrees from the horizontal, or

(vi) that is mapped as wetland by State Environmental Planning Policy No 14-Coastal Wetlands , or

(vii) that is mapped as rainforest by State Environmental Planning Policy No 26-Littoral Rainforests .