Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Further Amendment Regulation 1998 (1998-355) [GG No 101 of 1.7.1998, p 5121] (NSW)
New South Wales
under the Environmental Planning and Assessment Act 1979 His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Pluming and Assessment Act 1979. CRAIG KNOWLES, M.P., Minister for Urban Affairs and Planning Explanatory note The object of this Regulation is to amend the Environmental Planning and Assessment Regulation 1994 as a consequence of the enactment of the Statute Law (Miscellaneous Provisions) Act 1998. The amendments deal principally with matters (such as building construction and fire safety) that have formerly been dealt with by the Local Government Act 1993 and the regulations under that Act. This Regulation is made under the Environmental Planning and Assessment
Act 1979, including section 157 ( t h e general regulation-making power).
Published i n Gazette No 101 of 1 July 1998, page 5121 Page 1
1998 No 355
| Clause 1 | Environmental Planning and Assessment Further Amendment Regulation 1998 |
Environmental Planning and Assessment Further
1 Name of Regulation
This Regulation is the Environmental Planning and Assessment
Further Amendment Regulation 1998.
2 Commencement
This Regulation commences on the commencement of the Environmental Planning and Assessment Amendment Regulation 1998.
3 Amendment of Environmental Planning and Assessment Regulation 1994
The Environmental Planning and Assessment Regulation 1994 is amended as set out in Schedule 1 .
4 Notes
The explanatory note does not form part of this Regulation
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Environmental Planning and Assessment Further Amendment Regulation 1998
Amendments Schedule 1 Schedule 1 Amendments
(Clause 3)
Clause 5A Building Code of Australia
Omit “ 1 January 1998" wherever occurring.
Insert instead "the prescribed date".
Clause 5A (2)
Insert at the end of clause 5A:
(2)
For the purposes of this clause, the prescribed date is the date prescribed for the purposes of the definition of Building Code of Australia in clause 4 (1) of the Local Government (Approvals) Regulation 1993.
Clauses 6, 7, 8, 20, 23 and 113
Omit "Secretary" wherever occurring (including the headings to the
clauses).Insert instead "Director".
Clause 49 Application of Division
Omit “51A” from clause 49 (2). Insert instead “ 5 1 B ” .
Clause 50A Forwarding of submissions to concurrence authorities
Insert “79 o r " after "section".
Clause 75A How must an application for a complying development certificate be made?
Omit "transmission, and” from clause 75A (1) ( c ) .
Insert instead "transmission.".
Clause 75A (1) (d)
Omit the paragraph.
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Environmental Planning and Assessment Further Amendment Regulation 1998
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Insert after clause 76A:
76B Copyright in documents forming part of or
accompanying applications for complying development
certificates-applicant's indemnificationUpon an application being made under section 85A (1) of the Act for a complying development certificate, the applicant, not being entitled to copyright, is taken to have indemnified all persons using the application and any accompanying documents in accordance with the Act against any claim or action in respect of breach of copyright.
[ 9 ] Clause 79A Applications for construction certificates
Omit “transmission, and" from clause 79A (1) (c).
Insert instead "transmission.".[10] Clause 79A (1) (d)
Omit the paragraph.
[ 1 1 ] Clause 79J Applications for occupation certificates
Omit "transmission, and" from clause 79J (1) (c).
Insert instead "transmission".[12] Clause 79J (1) (d)
Omit the paragraph.
[ 1 3 ] Clause 79Q Occupation and use of new buildings: section 109M (2) of the Act
Insert at the end of clause 79Q (before the note at the end of that clause):
(2)
A person who is prescribed for the purposes of section 115M of the Act (as referred to in section 115H (a) of the Act) in relation to Crown building work involving the erection of a new building is prescribed for the purposes of section 109M (2) (d) of the Act in relation to that building.
Environmental Planning and Assessment Further Amendment Regulation 1998
Amendments Schedule 1 Clause 79Q, note
".
Omit "This clause prescribes such a circumstance." from the note at circumstances. Subsection (2) (d) provides for the disapplication of that section in the case of buildings erected by or on behalf of the Crown or by or on behalf of prescribed persons. Subclause (2) of this clause prescribes such persons.
the end of clause 79Q.
Clause 79R Applications for subdivision certificates
Omit "transmission, and" from clause 79R (1) (c).
Insert instead "transmission.".
Clause 79R (1) (d)
Omit the paragraph.
Omit the definition of fire safety schedule. Clause 80 Definitions Insert instead, in alphabetical order: annual fire safety statement means a statement referred
to in clause 80GA.
critical fire safety measure means a fire safety measure
that is identified in a fire safety schedule as a critical fire safety measure. being a measure that is of such a nature. or is implemented in such an environment or in such circumstances, that the measure requires periodic assessment and certification at intervals of less than 12 months.
fire exit, in relation to a building, means any exit to the
building that has been provided in compliance with any requirement imposed by or under the Act or this Regulation or by or under any other law, whether or not that law is currently in force.
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fire safety schedule means a schedule issued in accordance with clause 80C or 80GF (2), and includes:
(a) a schedule attached to a building approval in accordance with clause 22 of the Local Government (Approvals) Regulation 1993, and (b) a schedule attached to a fire safety order in accordance with clause 5D of the Local Government (Orders) Regulation 1993, as those regulations were in force immediately before the commencement of the Environmental Planning and Assessment Amendment Act 1997.
fire safety statement means an annual fire safety
statement or a supplementary fire safety statement.fire-isolated, when used in connection with the words "stairway, passageway or ramp", means a fire-isolated stairway, fire-isolated passageway or fire-isolated ramp, as the case may be, within the meaning of the Building Code of Australia.
supplementary fire safety statement means a statement
referred to in clause 80GC.
Insert at the end of clause 80:
(2) For the purposes of this Part, an essential fire safety
measure is applicable to a building:
( a ) i f i t is included in a fire safety schedule for the building, or
(b)
if it is included among the essential services (within the meaning of Ordinance No 70 under the Local Government Act 1919) attached to an approval or order referred to in Part 59 of that Ordinance. being an approval or order that was in force immediately before 1 July 1993, or
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(c) if it is included among the essential services (within the meaning of the Local Government (Approvals) Regulation 1993) attached to an approval referred to in clause 22 of that Regulation, being the latest such approval granted during the period from 1 July 1993 to 30 June 1997, or (d) if it is included among the essential services (within the meaning of the Local Government (Orders) Regulation 1993) attached to an order referred to in clause 6 (1) of that Regulation, being the latest such order given during the period from 1 July 1993 to 30 June 1997.
[ 1 9 ] Clause 80C Fire safety schedules
Insert after clause 80C (3) (c):
(c1) must identify each measure that is a critical fire safety measure and the intervals (being intervals of less than 12 months) at which supplementary fire safety statements must be given to the council in respect of each such measure, and
[20] Clause 80E What is a final fire safety certificate?
Insert "or fire safety stateme nt” after "other fire safety certificate" in clause 80E ( 5 ) .
[21] Clause 80E (8)
Insert "or fire safety statement" after "later fire safety certificate'' in clause 80E (8).
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[22] Part 7B, Divisions 4A, 4B and 4C
Insert after Division 4 of Part 7B:
Division 4A Fire safety statements 80GA What is an annual fire safety statement?
(1) An annual fire safety statement is a statement that
certifies:
(a) that each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing: (i) in the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or
(ii) in the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented, and
(b)
that a properly qualified person (whether the person referred to in paragraph (a) or another person) has inspected the building and has certified that, a s at the date of the inspection. the condition of the building did not disclose any grounds for a prosecution under Division 4C.
( 2 )
The assessment and inspection must have been carried out within the period of 3 months prior to the date on which the annual fire safety statement is issued.
( 3 ) The choice of person to carry out an assessment or
inspection is up to the owner of the building.(4)
The person who carries out the assessment must inspect and verify the performance of each fire safety measure being assessed.
Environmental Planning and Assessment Further Amendment Regulation 1998
Amendments Schedule 1 80GB Annual fire safety statement to be given to council
(1) Each year, the owner of a building to which an essential fire safety measure is applicable must cause the council to be given an annual fire safety statement for the building. (2) An annual fire safety statement for a building:
(a) must deal with each essential fire safety measure in the building premises. and (b) must be given: (i) within 12 months after the last such statement was given, or
(ii) if no such statement has previously been given, within 12 months after a final fire safety certificate was first issued for the building.
( 3 )
As soon as practicable after an annual fire safety statement is issued, the owner of the building to which it relates:
(a)
must cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Commissioner of New South Wales Fire Brigades, and
(b )
must cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.
( 4 )
Subclause ( 3 ) ( b ) ceases to apply to an annual fire safety statement only when every essential fire safety measure with which it deals has become the subject of a later fire safety certificate or fire safety statement.
80GC What is a supplementary fire safety statement?
(1)
A supplementary fire safety statement is a statement that certifies that each critical fire safety measure specified in the statement has been assessed by a properly qualified
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person and was found, when it was assessed, to be capable of performing to a standard not less than that required by the current fire safety schedule for the building for which the statement is issued.
(2)
The assessment must have been carried out within the period of one month prior to the date on which the supplementary fire safety statement is issued.
(3) The choice of person to carry out the assessment is up to
the owner of the building.(4)
The person who carries out the assessment must inspect and verify the performance of each fire safety measure being assessed.
80GD Supplementary fire safety statement to be given to
council
(1)
The owner of building premises in which a critical fire safety measure is implemented must cause the council to be given periodic supplementary fire safety statements for that measure.
(2)
A supplementary fire safety statement for a critical fire safety measure must be given at such intervals (being intervals of less than 12 months) as is specified in respect of that measure in the current fire safety schedule for the building.
(3 )
As soon as practicable after a supplementary fire safety statement is issued, the owner of the building to which it relates:
(a)
must cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Commissioner of New South Wales Fire Brigades, and
(b)
must cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.
Environmental Planning and Assessment Further Amendment Regulation 1998
Amendments Schedule 1
(4)
Subclause (3) (b) ceases to apply to a supplementary fire safety statement only when every critical fire safety measure with which it deals has become the subject of a later fire safety certificate or fire safety statement.
80GE Form of fire safety statements
A fire safety statement is to be in Form 15A.
Division 4B Fire safety maintenance 80GF Essential fire safety measures to be maintained
(1)
The owner of a building to which an essential fire safety measure is applicable must not fail to maintain each essential fire safety measure in the building premises:
( a )
in the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or
(h)
in the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented.
(2)
As soon as practicable after receiving a request in that regard from the owner of a building to which an essential fire safety measure is applicable otherwise than by virtue of a fire safety schedule, the council must provide the owner with a schedule of the essential fire safety measures applicable to the building premises.
Division 4C Miscellaneous fire safety offences 80GG Fire safety notices
(1) If:
( a )
a building's fire exit includes any fire-isolated stairway, passageway or ramp, and
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(b) a notice in Form 15B is not at all times displayed in a conspicuous position adjacent to a doorway providing access to. but not within. that stairway, passageway or ramp, the occupier of the part of the premises adjacent to the stairway, passageway or ramp is guilty of an offence.
(2)
A notice in the form prescribed under the Local Government Act 1919 or the Local Government Act 1993 for the purposes of a provision corresponding to this clause is taken to comply with the requirements of this clause.
80GH Fire exits
If a person:
places anything that may impede the free passage
of persons:(i) in a stairway, passageway or ramp serving as or forming part of a building's fire exit, or
(ii) in a path of travel leading to a building's fire exit, or
interferes with, or causes obstruction or impediment to, the operation of any fire doors providing access to a stairway, passageway or ramp serving as or forming part of a building's fire exit, or
removes, damages or otherwise interferes with a notice displayed, in accordance with clause 80GG. the person is guilty of an offence
80GI Doors relating to fire exits
If a person:
(a)
without lawful excuse. interferes with, or causes obstruction or impediment to, the operation of any door that:
(i)
serves as or forms part of a building's fire exit, or
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Environmental Planning and Assessment Further Amendment Regulation 1998
Amendments Schedule 1 (ii) is situated in a path of travel leading to aa building's fire exit, or
(b)
without lawful excuse, obstructs any doorway that:
(i)
serves as or forms part of a building's fire exit, or
(ii)
is situated in a path of travel leading to a building's fire exit,
the person is guilty of an offence.
80GJ Paths of travel to fire exits
If the owner of a building:
(a ) fails to ensure that:
(i) any stairway. passageway or ramp serving as or forming part of a building's fire exit, and (ii) any path o f travel leading to a building's fire exit, is kept clear of anything that may impede the free
passage of persons, or(b ) fails to ensure that the operation of any door that:
(ii) is situated in a path of travel leading to a building's fire exit, has not been interfered with or otherwise obstructed or impeded. except with lawful excuse, or
( c )
fails to ensure that any notice required by clause 80GG to be displayed is so displayed,
the owner is guilty of an offence.
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Environmental Planning and Assessment Further Amendment Regulation 1998
| Schedule 1 | Amendments |
Clause 80J Prescribed matters for inspection by NSW Fire
Brigades: section 118L (1) (b) of the ActInsert "(including, in particular, clauses 80E (7) (b), 8 0 G B (3) (b), 80GD (3) (b), 80GF, 80GG, 80GH, 80GI and SOGJ)” after "this Part" in clause 80J (b).
Clause 80K
Insert after clause 80J:
80K Offences relating to certain Crown property
No proceedings may be taken for an offence under this
Part with respect to a building:
(a) that is situated on a reserve within the meaning of Part 5 of the Crown Lands Act 1989, or (b) that is a School of Arts or Mechanics Institute, except with the consent of the Minister administering the Local Government Act 1993 given after consultation with the Minister administering the Crown Lands Act 1989.
Clause 81S Run-off cover
Insert "but before the end of the period for which run-off cover is provided" after “the contract's expiry date" in clause 81S (1).
Part 7F Insert after Part 7E:
Part 7F Development by the Crown 81MM Prescribed persons: section 115H
(1)
The following persons are prescribed for the purposes of sections 115I and 115L of the Act (as referred to in section 115H ( a ) of the A c t ) :
( a ) a public authority (not being a council).
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Amendments Schedule 1
(c)
an official university within the meaning of the Higher Education Act 1988,
(d)
a TAFE establishment within the meaning of the Technical and Further Education Commission Act 1990.
(2)
The following persons are prescribed for the purposes of section 115M of the Act (as referred to in section 115H (a) of the Act) in relation to Crown building work for which development consent is required under Part 4 of the Act:
(a) the Luna Park Reserve Trust, (b)
the Sydney Light Rail Company (ACN 064 062 933),
(c )
the Pyrmont Light Rail Company Pty Ltd (ACN 065 183 913),
(d)
the Light Rail Construction Company Pty Ltd (ACN 067 246 897).
(3)
The following persons are prescribed for the purposes of section 115M of the Act (as referred to in section 115H (a) of the Act) in relation to Crown building work that constitutes an activity within the meaning of Part 5 of the Act:
(a)
a determining authority that is a proponent of the activity within the meaning of Part 5 of the Act.
( b )
a company SOC. within the meaning of the State Owned Corporations Act 1989, that is the subject of a certificate under section 37A of that Act in respect of that activity.
81NN Technical provisions of the State's building laws
For the purposes of section 115M of the Act. all of the provisions of the Building Code of Australia are prescribed as technical provisions of the State's building laws.
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Clause 109 What other fees and charges may be imposed by this Act?
Omit the note at the end of the clause.
Clause 112A Application for building certificate
Omit clause 112A (1).
Clause 115 False or misleading statements
Insert “or council" after "consent authority".
| Clauses 115A and 115B |
| Insert after clause 115: |
| 115A Penalty notice offences: section 127A |
For the purposes of section 127A of the Act:
(a)
each offence created by a provision specified in Column 1 of Schedule 4A is a prescribed offence, and
(b )
the prescribed penalty for such an offence is the amount specified in Column 3 of Schedule 4A.
115B Short descriptions
(1)
For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 4A is:
( a )
the expression specified in Column 2 of that Schedule, or
(b)
if a choice of words is indicated in that expression. the words remaining after the omission of the words irrelevant to the offence.
created by a provision specified in Column 1 of Schedule For the purposes of any proceedings for an offence 4A, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.
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Environmental Planning and Assessment Further Amendment Regulation 1998
Amendments Schedule 1
(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used. (4) Subclause (3) applies to any information, complaint. summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
[31] Schedule 4 Section 149 certificates
Omit item 8 of Schedule 4. Insert instead:
8 Whether any application to carry out development on the land
was, at the time the application for the certificate was lodged, the
subject of a notice by the Minister under section 76A (7) (b) of
the Act declaring the development to be State significant
development.
[32] Schedule 4A
Insert after Schedule 4:
Schedule 4A Penalty notice offences
(Clauses 11 5A and 115B)
Offences under this Regulation
Column 1 Column 2 Column 3 Clause 80GG occupier fails to display fire safety notice $300.00 in fire-isolated stairway/passageway/ramp of
fire exitClause 80GJ owner tails to display fire safety notice in $300.00 (c) fire-Isolated stairway/passageway/ramp of fire exit [33] Schedule 5 Forms
Omit Form 16. Insert instead:
1998 No 355
Environmental Planning and Assessment Further Amendment Regulation 1998
| Schedule 1 | Amendments | |
| Form 15A | Annual/Supplementary Fire Safety Statement | |
| under the Environmental Planning and Assessment Act 1979 | ||
| Certificate | ||
| type of statement | ||
| ||
| *annual statement |
| name | owner/agent | I |
| address | of | |
|
that each essential fire safety measure specified in this
and was found, when it was assessed, t o be capable of
performing:(i) in the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or
(ii) applicable otherwise than by virtue of a fire safety
schedule, to a standard no less than that to which thein the case of an essential fire safety measure and
| to in paragraph ( a ) or another person) has inspected the |
| that a properly qualified person (whether the person referred |
| building and has certified that, as at the date of the inspection, the condition of the building did not disclose any grounds for a prosecution under Division 4C of Part 7B of the Environmental Planning and Assessment Regulation 1994, and |
my knowledge and belief. true and accurate. the information contained in this certificate is. to the best of
| *supplementary |
| statement |
I
of
certify
(a) has been assessed by a properly qualified person and was
found, when it was assessed, to be capable of performing t o athat each critical fire safety measure specified in this statement schedule for the building for which the statement is issued, and
| (b) |
the information contained in this certificate is. to the best of
my knowledge and belief, true and accurate.
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Environmental Planning and Assessment Further Amendment Regulation 1998
Amendments Schedule 1 identification of building location street
side of street
nearest cross street
house/unit no or namedate of assessment owner’s details name essential/critical fire
safety measures
measure standard of performance a a a
a date of statement
dated this day of 19 signature
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| Schedule 1 | Amendments |
| Form 15B |
By virtue of the regulations
under the Environmental Planning and Assessment Act
1979, it is an offence:
(a)
to place anything in this exit that may impede the free passage of persons, or
(b)
to interfere with, or cause obstruction or impediment to, the operation of the doors providing access to this exit, or
(c)
to remove, damage or otherwise interfere with this notice.
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Environmental Planning and Assessment Further Amendment Regulation 1998
Amendments Schedule 1 Form 16
certificate
The Council certifies that. in relation to the building or pan of the building identified below:
(a) there is no matter discernible by the exercise of reasonable Environmental Planning and Assessment Act 1979 or the Local Government Act 1993:
( i ) to order the building to be demolished. altered. added to or rebuilt, or (ii) to take proceedings for an order or injunction requiring the building to be demolished, altered. added to or rebuilt, or (iii) to take proceedings in relation to any encroachment by the building onto land vested in or under the control of the council, or (b) there is such a matter hut. in the circumstances, the council does not propose to make any such order or take a n y such proceedings. * See notes below
identification of building
location street:
side of street:
nearest cross street:
house/unit no or name:particulars of building
owner
date of inspection of
building or part
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subject land
lot or portion no
section
DP/SP or estate
lease no and type of holding
| ( i f Crown | land) |
district. town or village
county/parish
schedule
the following written information was used by Council in deciding to
issue this certificate
date of certificate
dated this day of 19
| signature |
General Manager
applicant
name
address
Environmental Planning and Assessment Further Amendment Regulation 1998
Amendments Schedule 1 notes This certificate operates to prevent the council:
(a) from making an order (or taking proceedings for the making of an order or injunction) under the Environmental Planning and Assessment Act 1979 or the Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt, and
(b)
from taking proceedings in relation to any encroachment by the building onto land vested in or under the control of the council,
in relation to matters existing or occurring before the date of issue of
this certificate.This certificate operates to prevent the council, for a period of 7 years from the date of issue of this certificate:
(a) from making an order (or taking proceedings for the making of an order or injunction) under the Environmental Planning and Assessment Act 1979 or the Local Government Act 1993 requiring the building to he repaired. demolished, altered, added to or rebuilt, and
(b)
from taking proceedings in relation to any encroachment by the building onto land vested in or under the control of the council,
in relation to matters arising only from the deterioration of the building
as a result solely of fair wear and tear.
However, this certificate does not operate t o prevent the council
from taking proceedings against any person under section 125 of the Environmental Planning and Assessment Act 1979 with respect to that person's failure:
(i) to obtain a development consent with respect to the erection or use of the building, or
(ii) to comply with the conditions of a development consent.
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| Schedule 1 | Amendments |
Insert in alphabetical order:
building premises, in relation to a building, means the
building and the land on which it is situated.
0
0
0