Record what follows if an instrument declares development to be exempt
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where the lawyer has marked a clause of an environmental planning instrument, copy the clause and record the four things section 1.6(1) says are not required for exempt development: development consent under Part 4; environmental impact assessment under Division 5.1; State significant infrastructure approval under Division 5.2; and a certificate under Part 6 for building and subdivision certification. Leave blank whether this proposal is exempt. Do not decide that the impact is minor.
- What the lawyer must review
- The lawyer decides whether the instrument declares the proposal to be exempt development. Section 1.6(1) of the Environmental Planning and Assessment Act 1979 (NSW) says carrying out exempt development does not require those four approvals and assessments. Subsection (2) says exempt development is development that an environmental planning instrument declares to be exempt development because of its minor impact. The instrument was not opened. The tool does not decide that a proposal is exempt, and it does not decide minor impact. This is not the complying-development test.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Copy the clause only if the lawyer has marked it. Do not search an instrument that was not supplied.
- Do not mark the proposal as exempt.
- Keep the four matters in subsection (1). Do not add a fifth.
- Do not use this note as the complying-development test.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.