---
title: "Record what follows if an instrument declares development to be exempt"
url: "https://ailawframework.com/practice/planning-and-environment/record-what-follows-if-an-instrument-declares-development-to-be-exempt"
type: "task"
site: "AI Law Framework"
id: "A12-FL20261022-16"
practice_area: "Planning & Environment"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record what follows if an instrument declares development to be exempt

> 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;…

Canonical page: https://ailawframework.com/practice/planning-and-environment/record-what-follows-if-an-instrument-declares-development-to-be-exempt  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Planning & Environment](https://ailawframework.com/practice/planning-and-environment.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Copy the clause only if the lawyer has marked it. Do not search an instrument that was not supplied.
2. Do not mark the proposal as exempt.
3. Keep the four matters in subsection (1). Do not add a fifth.
4. Do not use this note as the complying-development test.

## Notes

- 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.

## Sources

- [Environmental Planning and Assessment Act 1979 (NSW) s 1.6, exempt development](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/epaaa1979389/s1.6.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/planning-and-environment/record-what-follows-if-an-instrument-declares-development-to-be-exempt/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*