A development control plan cannot create exemptions from the prohibition in cl 5.9(3) of a Standard Instrument LEP that go beyond those already provided in cl 5.9(8), because such provisions are rendered of no effect by s 74C(5) of the EP&A Act as being substantially the same as, or inconsistent with, the LEP. Clause 5.9(9A) of the LEP, which disapplies the cl 5.9(8)(a)(ii) exemption for mapped land, does not 'remove' cl 5.9(8)(a)(ii) from the LEP but rather disengages the exemption, so the LEP continues to occupy the field. Where development consent is required under the EP&A Act for clearing vegetation, the exemptions in Div 3 of Pt 3 of the Native Vegetation Act 2003 do not provide independent authority for the clearing, by reason of s 21(2) of that Act.
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