Commentary on Sections Part 3: Planning Control. Section 38: Exclusion of certain descriptions of land or development
This section prescribes the areas to be excluded from a Simplified Planning Zone scheme. There are two categories: those that are mandatorily excluded by subsection (1), and those which may be excluded by order of the Department under subsection (3). The first category includes land designated as a National Park, land designated as an area of outstanding natural beauty, land declared to be an area of special scientific interest and land declared to be a national nature reserve.