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Environmental Planning and Assessment Regulation 2000

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Environmental Planning and Assessment Regulation 2000 As at 1 September 2018 Does not include amendments by: Water Industry Competition Amendment (Review) Act 2014 No 57 (not commenced) Environmental Planning and Assessment Amendment (Identification of Buildings with External Combustible Cladding) Regulation 2018 (499) (not commenced -- to commence on 22.10.2018) Reprint history: Reprint No 1 21 August 2001 Reprint No 2 11 November 2003 Reprint No 3 15 February 2005 Reprint No 4 13 March 2007 Reprint No 5 21 September 2010 Part 1 – Preliminary 1 Name of Regulation This Regulation is the Environmental Planning and Assessment Regulation 2000. 2 Commencement This Regulation commences on 1 January 2001. 3 Definitions (cf clause 3 of EP&A; Regulation 1994) (1) In this Regulation:"accredited body corporate" has the same meaning as in the Building Professionals Act 2005."alternative solution" has the same meaning as in the Building Code of Australia."Apartment Design Guide" has the same meaning as in State Environmental Planning Policy No 65--Design Quality of Residential Apartment Development."approval body" has the same meaning as in section 4.45 of the Act."assessment method" has the same meaning as in the Building Code of Australia."Australian Rail Track Corporation Ltd" means the Australian Rail Track Corporation Ltd (ACN 081 455 754)."BASIX affected building" means any building that contains one or more dwellings, but does not include a hotel or motel."BASIX affected development" means any of the following development that is not BASIX excluded development: (a) development that involves the erection (but not the relocation) of a BASIX affected building, (b) development that involves a change of building use by which a building becomes a BASIX affected building, (c) development that involves the alteration, enlargement or extension of a BASIX affected building, where the estimated construction cost of the development is: (i) $100,000 or more--in the case of development for which a development application or an application for a complying development certificate is made on or after 1 October 2006 and before 1 July 2007, or (ii) $50,000 or more--in the case of development for which a development application or an application for a complying development certificate is made on or after 1 July 2007, (d) development for the purpose of a swimming pool or spa, or combination of swimming pools and spas, that services or service only one dwelling and that has a capacity, or combined capacity, of 40,000 litres or more. "BASIX certificate" means a certificate issued by the Planning Secretary under clause 164A."BASIX excluded development" means any of the following development: (a) development for the purpose of a garage, storeroom, car port, gazebo, verandah or awning, (b) alterations, enlargements or extensions to a building listed on the State Heritage Register under the Heritage Act 1977, (c) alterations, enlargements or extensions that result in a space that cannot be fully enclosed (for example, a verandah that is open or enclosed by screens, mesh or other materials that permit the free and uncontrolled flow of air), other than a space can be fully enclosed but for a vent needed for the safe operation of a gas appliance, (d) alterations, enlargements or extensions that the Planning Secretary has declared, by order published in the Gazette, to be BASIX excluded development. "BASIX optional development" means any of the following development that is not BASIX excluded development: (a) development that involves the alteration, enlargement or extension of a BASIX affected building, where the estimate of the construction cost of the development is: (i) less than $100,000--in the case of development for which a development application or an application for a complying development certificate is made on or after 1 October 2006 and before 1 July 2007, or (ii) less than $50,000--in the case of development for which a development application or an application for a complying development certificate is made on or after 1 July 2007, (b) development for the purpose of a swimming pool or spa, or combination of swimming pools and spas, that services or service only one dwelling and that has a capacity, or combined capacity, of less than 40,000 litres. "building premises", in relation to a building, means the building and the land on which it is situated."capital investment value" of a development or project includes all costs necessary to establish and operate the project, including the design and construction of buildings, structures, associated infrastructure and fixed or mobile plant and equipment, other than the following costs: (a) amounts payable, or the cost of land dedicated or any other benefit provided, under a condition imposed under Division 7.1 or 7.2 of the Act or a planning agreement under that Division, (b) costs relating to any part of the development or project that is the subject of a separate development consent or project approval, (c) land costs (including any costs of marketing and selling land), (d) GST (within the meaning of A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth). "Category 1 fire safety provision" means the following provisions of the Building Code of Australia, namely, EP1.3, EP1.4, EP1.6, EP2.1, EP2.2 and EP3.2 in Volume One of that Code and P2.3.2 in Volume Two of that Code."Category 2 fire safety provision" means the following provisions of the Building Code of Australia, namely, CP9, EP1.3, EP1.4, EP1.6, EP2.2 and EP3.2 in Volume One of that Code."Category 3 fire safety provision" means the following provisions of the Building Code of Australia, namely, EP1.3, EP1.4, EP1.6, EP2.2 and EP3.2 in Volume One of that Code."class", in relation to a building or part of a building, means: (a) in a provision of this Regulation that imposes requirements with respect to a development consent, the class to which the building belongs, as identified by that consent, or (b) in any other provision of this Regulation, the class to which the building or part of a building belongs, as ascertained in accordance with the Building Code of Australia. "Class 1 aquaculture development" means development that is categorised as Class 1 under State Environmental Planning Policy No 62--Sustainable Aquaculture."coastal council" means a local council to which the Coastal Management Act 2016 applies."competent fire safety practitioner" --see clause 167A."concurrence authority" means a person whose concurrence is, by the Act or an environmental planning instrument or by Part 7 of the Biodiversity Conservation Act 2016, required by the consent authority before determining a development application."contributions plan" means a contributions plan referred to in section 7.18 of the Act."Dark Sky Planning Guideline" means the Dark Sky Planning Guideline prepared by the Planning Secretary and published in the Gazette. The Guideline is available on the website of the Department."deemed-to-satisfy provisions" has the same meaning as in the Building Code of Australia."design quality principles" has the same meaning as in State Environmental Planning Policy No 65--Design Quality of Residential Apartment Development."design review panel" has the same meaning as in State Environmental Planning Policy No 65--Design Quality of Residential Apartment Development."dwelling", in relation to a BASIX affected building, means a room or suite of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile."entertainment venue" means a building used as a cinema, theatre or concert hall or an indoor sports stadium."environmental impact statement" means an environmental impact statement referred to in section 4.12, 5.7 or 5.16 of the Act."existing use right" means a right conferred by Division 4.11 of the Act."exit" has the same meaning as in the Building Code of Australia."fire alarm communication link" means that part of a fire alarm system which transmits a fire alarm signal from the system to an alarm monitoring network."fire alarm communication link works" means the installation or conversion of a fire alarm communication link to connect with the fire alarm monitoring network of a private service provider, but does not include works that are associated with the alteration, enlargement, extension or change of use of an existing building."Fire Commissioner" means the Commissioner of Fire and Rescue NSW."fire compartment" has the same meaning as in the Building Code of Australia."fire protection and structural capacity" of a building means: (a) the structural strength and load-bearing capacity of the building, and (b) the measures to protect persons using the building, and to facilitate their egress from the building, in the event of fire, and (c) the measures to restrict the spread of fire from the building to other buildings nearby. "fire safety engineer" means a person holding Category C10 accreditation under the Building Professionals Act 2005."fire safety order" means an order of the kind referred to in item 6 of the table to section 121B (1) of the Act and includes, if an order is subsequently made under section 121R of the Act, an order under that section."fire safety requirement" means a requirement under the Building Code of Australia relating to: (a) a fire safety system, as defined in the Building Code of Australia, and components of a fire safety system, or (b) the safety of persons in the event of fire, or (c) the prevention, detection or suppression of fire. "fire
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