Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2006 (NSW)
2006 No 362
New South Wales
Environmental Planning and
Assessment Amendment (Building
Sustainability Index: BASIX)
Regulation 2006
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.
FRANK SARTOR, M.P.,
Minister for Planning
Explanatory note
The object of this Regulation is to amend the Environmental Planning and Assessment Regulation 2000 to require certifying authorities who issue final occupation certificates with respect to certain BASIX (or Building Sustainability Index) affected buildings to apply to the Director-General of the Department of Planning for a “BASIX completion receipt”.
The amendments commence on 1 July 2006. They apply only with respect to a BASIX affected building for which a final occupation certificate is issued on or after 1 July 2006. This Regulation is made under the Environmental Planning and Assessment Act 1979, including section 157 (the general regulation-making power).
| Published in Gazette No 84 of 30 June 2006, page 4827 | Page 1 |
| 2006 No 362 | Environmental Planning and Assessment Amendment (Building |
| Clause 1 | Sustainability Index: BASIX) Regulation 2006 |
Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2006
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 2006.
2 Commencement
This Regulation commences on 1 July 2006.
3 Amendment of Environmental Planning and Assessment Regulation 2000
The Environmental Planning and Assessment Regulation 2000 is amended as set out in Schedule 1.
| Environmental Planning and Assessment Amendment (Building | 2006 No 362 |
| Sustainability Index: BASIX) Regulation 2006 | |
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 154C
Insert after clause 154B:
| 154C | BASIX completion receipt | |||
|
(a)
the number of the relevant BASIX certificate for the building or part of a building,
(b) the postcode of the address of the building, (c) the date of issue of the final occupation certificate, (d)
such other information (if any) as the Director-General may determine and is notified in writing to certifying authorities.
(3) The Director-General may issue a BASIX completion receipt:
(a)
by means of a computerised system, as approved from time to time by the Director-General, being a system to which certifying authorities are given on-line access, whether over the internet or otherwise, or
(b)
by such other means as the Director-General may approve from time to time.
(4)
A BASIX completion receipt is to confirm that the information required to be provided by a certifying authority under this clause has been provided.
(5)
A BASIX completion receipt is to be in such form, and contain such other information, as the Director-General may approve from time to time.
| 2006 No 362 | Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2006 |
| Schedule 1 | Amendments |
[2] Clause 286AA
Insert after clause 286A:
| 286AA | Savings and transitional provision: introduction of BASIX completion receipt |
The amendments to this Regulation made by the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2006 apply only in respect of the issuing of a final occupation certificate for a BASIX affected building, or for part of such a building, on or after 1 July 2006.
Note. An existing building may become a BASIX affected building by a change of building use. Under the Act, a final occupation certificate can be issued to authorise a person to commence a new use of an existing building resulting from a change of building use.
BY AUTHORITY
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