Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX Regulation 2005 (NSW)

2005 No 306

New South Wales

Environmental Planning and

Assessment Amendment (Building
Sustainability Index: BASIX)

Regulation 2005

under the

Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Planning and Assessment Act 1979.

CRAIG KNOWLES, M.P.,

Minister for Infrastructure and Planning

Explanatory note
The object of this Regulation is to amend the Environmental Planning and Assessment Regulation 2000 so as to exclude certain matters from the requirements for a BASIX certificate when the BASIX certification scheme for limited classes of residential development is extended to the whole of the State on 1 July 2005. That scheme currently applies only in certain local government areas within the Sydney metropolitan area.

This Regulation is made under the Environmental Planning and Assessment Act 1979, including section 157 (the general power to make regulations).

Published in Gazette No 81 of 1 July 2005, page 3329	Page 1
2005 No 306	Environmental Planning and Assessment Amendment (Building
Clause 1	Sustainability Index: BASIX) Regulation 2005

Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2005

under the

Environmental Planning and Assessment Act 1979

1      Name of Regulation

This Regulation is the Environmental Planning and Assessment
Amendment (Building Sustainability Index: BASIX) Regulation 2005.

2      Commencement

This Regulation commences on 1 July 2005.

3 Amendment of Environmental Planning and Assessment Regulation 2000

The Environmental Planning and Assessment Regulation 2000 is amended by inserting at the end of clause 286A the following subclause:

(2)

The amendments to this Regulation made by the regulation referred to in subclause (1) do not apply, in relation to land outside the initial BASIX area, to:

(a)	a development application, or application for a complying development certificate, that has been made before 1 July 2005, or
(b)	a development consent or complying development certificate arising from an application referred to in paragraph (a), or
(c)	an application for a construction certificate or occupation certificate that is made in relation to development carried out under the authority of a development consent or complying development certificate arising from an application referred to in paragraph (a).

BY AUTHORITY