Environmental Planning and Assessment Act 1979

The consent authority, before granting development consent for the carrying out of development on bush fire prone land, being land for the time being recorded as bush fire prone land on a relevant map certified under section 10.3(2), must consider the relevant Bush Fire Protection Planning guide.

Subsection (1) does not apply to an application for consent to carry out the following development—

development for a subdivision of land that could lawfully be used for residential or rural residential purposes,

development for a special fire protection purpose.

This section does not apply to State significant development.

The regulations may exclude development from the application of this section subject to compliance with any requirements of the regulations. The regulations may (without limiting the requirements that may be made)—

require the issue of a certificate by the Commissioner of the NSW Rural Fire Service or other qualified person in relation to the bush fire risk of the land concerned, and

authorise the payment of a fee for the issue of any such certificate.

In this section—

the version, as prescribed by the regulations, of the document entitled Planning for Bush Fire Protection prepared by the NSW Rural Fire Service in cooperation with the Department, or

if another document is prescribed by the regulations for this definition—the prescribed document.