Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (NSW)
Transport Legislation Amendment Act 2025 No 66, Sch 4.3 (not commenced)
This Regulation is the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
This Regulation commences on 1 January 2022, except as provided by subsection (2), and is required to be published on the NSW legislation website.
Schedule 3[7]–[9] and 4 commence on the day on which this Regulation is published on the NSW legislation website.
The Dictionary in Schedule 2 defines words used in this Regulation.
The Environmental Planning and Assessment Act 1979 and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Words used in this Regulation have the same meanings as in the Standard Instrument, unless otherwise defined in this Regulation.
A reference in this Regulation to building work does not include a reference to physical activity involved in the erection of a temporary structure.
A reference in this Regulation to an existing building does not include a reference to a temporary structure.
In this Regulation, a reference to a class 1a or 10 building is a reference to—
(a) for the erection of a new building—a building that will be a class 1a or 10 building when completed, and
(b) for the alteration of an existing building—an existing class 1a or 10 building, and
(c) for the change of building use for an existing building—an existing building that will be a class 1a or 10 building as a result of the change of building use.
A certifier must not issue a compliance certificate unless the certificate contains the following information—
(a) the name of the certifier,
(b) if the certifier is a registered body corporate—the name of the individual who issued the certificate,
(c) if the certifier is a registered certifier—
(i) the registration number of the certifier, and
(ii) if the certifier is a registered body corporate—the registration number of the individual who issued the certificate,
(d) the signature of the individual who issued the certificate,
(e) a description of the development,
(f) the registered number and date of issue of a relevant development consent,
(g) the address and folio identifier of the land,
(h) the date of the certificate,
(i) a description of work that was inspected, how the work was inspected and the date and time at which the work was inspected,
(j) a statement of the matters in relation to which the certificate is issued.
A certifier must not issue a compliance certificate unless the certificate is accompanied by the documents referred to in the certificate that are relevant to the matters in relation to which the certificate is issued.
Maximum penalty (subsections (1) and (2))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
Within 2 days after issuing an occupation certificate, a certifier must give a copy of each compliance certificate relied on to issue the occupation certificate to—
(a) the consent authority, and
(b) if the consent authority is not the council—the council.
Maximum penalty—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
A certifier must not issue a compliance certificate of the kind referred to in the Act, section 6.4(e)(i) or (ii) for building work or subdivision work unless the required development consent is in force for the building or subdivision to which the work relates.
Maximum penalty—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
An application for a construction certificate must—
(a) be in the approved form, and
(b) include all the information and documents specified in the approved form or required by the Act or this Regulation, and
(c) be lodged on the NSW planning portal.
The application may only be made by a person who is eligible to appoint a principal certifier for the development.
The certifier for the development must notify the applicant through the NSW planning portal that the application has been lodged.
Maximum penalty (subsection (3))—
(a) for a corporation—150 penalty units, or
(b) for an individual—75 penalty units.
This section applies to an application for a construction certificate for development that involves building work.
The application must be accompanied by—
(a) a detailed description of the development, and
(b) appropriate building work plans and specifications (referred to in this Part as
relevant building work plans and specifications ).
The detailed description of the development must indicate the following matters—
(a) for each proposed new building—
(i) the number of storeys in the building, including underground storeys, and
(ii) the gross floor area of the building in square metres, and
(iii) the site area of the land on which the building is to be erected in square metres,
(b) for each proposed new building to be used for residential accommodation—
(i) the number of existing dwellings on the land on which the new building will be erected, and
(ii) the number of existing dwellings that will be demolished in connection with the erection of the new building, and
(iii) the number of dwellings to be included in the new building, and
(iv) whether the new building will be attached to an existing building, and
(v) whether the new building will be attached to another new building, and
(vi) whether the building will include a dual occupancy, and
(vii) the materials to be used in the construction of the new building, using the abbreviations set out in the Table to this section.
The appropriate building work plans and specifications must include the following—
(a) detailed building work plans, drawn to a suitable scale and consisting of a block plan and a general plan, that show the following—
(i) a plan of each floor section,
(ii) a plan of each elevation of the building,
(iii) the levels of the lowest floor, an unbuilt yard or area that belongs to the lowest floor and the adjacent ground,
(iv) the height, design, construction and provision for fire safety and fire resistance, if any,
(b) building work specifications that—
(i) describe the construction and the materials to be used to construct the building, and
(ii) describe the method of drainage, sewerage and water supply, and
(iii) state whether the materials to be used are new or second-hand and contain details of any second-hand materials to be used,
(c) a description of an accredited building product or system sought to be relied on for the purposes of the Act, section 4.15(4),
(d) a copy of a compliance certificate to be relied on,
(e) if the development involves building work to alter, expand or rebuild an existing building—a scaled plan of the existing building,
(f) for BASIX development, or for BASIX optional development if the development application was accompanied by a BASIX certificate—the other matters required by the relevant BASIX certificate.
Table
Walls | Code | Roof | Code | Floor | Code | Frame | Code |
Brick (double) | 11 | Tiles | 10 | Concrete or slate | 20 | Timber | 40 |
Brick (veneer) | 12 | Concrete or slate | 20 | Timber | 40 | Steel | 60 |
Concrete or stone | 20 | Fibre cement | 30 | Other | 80 | Aluminium | 70 |
Fibre cement | 30 | Steel | 60 | Not specified | 90 | Other | 80 |
Timber | 40 | Aluminium | 70 | Not specified | 90 | ||
Curtain glass | 50 | Other | 80 | ||||
Steel | 60 | Not specified | 90 | ||||
Aluminium | 70 | ||||||
Other | 80 | ||||||
Not specified | 90 |
An application for a construction certificate for building work that does not relate to a dwelling house, or to a building or structure that is ancillary to a dwelling house, must be accompanied by—
(a) a list of the existing fire safety measures provided in relation to the land or an existing building on the land, and
(b) a list of the proposed fire safety measures to be provided in relation to the land and buildings on the land as a consequence of the building work.
An application for a construction certificate for fire alarm communication link works must be accompanied by—
(a) a plan that indicates the location of the new fire alarm communication link and associated works, and
(b) a document that describes the design, construction and mode of operation of the new fire alarm communication link and associated works.
An application for a construction certificate for an alteration to a hydraulic fire safety system must be accompanied by—
(a) a plan that indicates the location of the alteration and associated works, and
(b) a document that describes—
(i) the required pressure and flow characteristics of the hydraulic fire safety system that will be altered, and
(ii) the pressure and flow characteristics that will be available from the town main following mains pressure reduction by or on behalf of the relevant water utility, and
(iii) the design, construction and performance of the alteration and associated works.
In this section—
This section applies to an application for a construction certificate for—
(a) BASIX development, and
(b) BASIX optional development, if the development application was accompanied by a BASIX certificate.
The application must be accompanied by—
(a) a BASIX certificate that applied to the development when the development consent was granted, or
(b) another BASIX certificate issued no earlier than 3 months before the application is made.
The application for a construction certificate must also be accompanied by the other documents required by the BASIX certificate.
If the development involves the alteration of a BASIX building that contains more than 1 dwelling, the application must be accompanied by a separate BASIX certificate for each dwelling.
This section applies to an application for a construction certificate for non-residential development under State Environmental Planning Policy (Sustainable Buildings) 2022.
The application must disclose the amount of embodied emissions attributable to the development.
The amount disclosed under subsection (2) must be determined using—
(a) the form published on the NSW planning portal as in force from time to time, and
(b) an itemised list of building materials for the development prepared by a quantity surveyor.
Example— a bill of materials or bill of quantities
The amount disclosed under subsection (2) must be certified by—
(a) a quantity surveyor, or
(b) a qualified designer, or
(c) an engineer, or
(d) an assessor accredited under NABERS.
This section applies to an application for a construction certificate for large commercial development.
The application must be accompanied by reports about the standards for energy and water use achieved by the development, taking into account the standards specified in State Environmental Planning Policy (Sustainable Buildings) 2022, Schedule 3.
The report for energy use must be in the form of a report under Section J of the Building Code of Australia.
The report for energy use may also—
(a) refer to a performance-based design solution under Section J of the Building Code of Australia, or
(b) incorporate a review by a member of an independent review panel under NABERS.
The report for water use may be in the form of annotated drawings and specifications.
Subsection (2), to the extent it relates to energy use, and subsections (3) and (4) do not apply to large commercial development on land to which the following local environmental plans apply—
(a) Sydney Local Environmental Plan 2012,
(b) Sydney Local Environmental Plan (Green Square Town Centre) 2013,
(c) Sydney Local Environmental Plan (Green Square Town Centre—Stage 2) 2013.
Despite subsection (6), subsections (2)–(4) apply to large commercial development to the extent that the development relates to prescribed serviced apartments.
In this section—
An applicant may use the NSW planning portal to withdraw an application for a construction certificate at any time before the application is determined.
The certifier may, but is not required to, refund to the applicant the whole or part of the application fee paid in relation to a withdrawn application.
A certifier may require the applicant for a construction certificate to give the certifier information about the building work or a planning agreement that the certifier considers necessary to properly consider the application.
If an applicant requests information from a planning authority that is a party to a planning agreement for the purposes of complying with a certifier’s request under this section, the planning authority may certify that specified requirements of the agreement have been complied with.
This section does not affect the certifier’s duty to determine an application for a construction certificate.
A certifier must ensure the certifier’s determination of an application for a construction certificate contains the following information—
(a) the date on which the application was determined,
(b) whether the application is approved or refused,
(c) if the application is refused—
(i) the reasons for the refusal, and
(ii) if the certifier is a consent authority—the applicant’s right of appeal under the Act,
(d) if the construction certificate is issued subject to a condition of the kind referred to in section 111 or 117—
(i) the reasons for the condition, and
(ii) if the certifier is a consent authority—the applicant’s right of appeal under the Act against the condition.
Within 2 days after determining the application, the certifier must use the NSW planning portal to—
(a) give the determination to the applicant, and
(b) give a copy of the following to the consent authority and council—
(i) the determination and the application to which it relates,
(ii) a construction certificate issued as a result of the determination,
(iii) the relevant building work plans and specifications,
(iv) any fire safety schedule attached to the construction certificate,
(v) other documents that were lodged with the application for the certificate, including a decision on an objection under section 111 or 117,
(vi) other documents given to the certifier under section 12,
(vii) the record of an inspection made under section 17 in relation to the issue of the construction certificate.
A copy of a record of inspection referred to in subsection (2)(b)(vii) is not required to be given to a consent authority or council that carried out the inspection.
In this Part, a reference to issuing a construction certificate includes a reference to endorsing the construction certificate on the relevant building work plans and specifications.
Maximum penalty (subsections (1) and (2))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
A certifier must not issue a construction certificate for building work under a development consent that authorises a change of building use unless—
(a) the fire protection and structural capacity of the building will be appropriate to its new use, and
(b) the building will comply with the Category 1 fire safety provisions that apply to the new use.
Subsection (1)(b) does not apply to the extent of an exemption under section 74(4), 111(4) or 117(1).
A certifier must not issue a construction certificate for alteration building work unless, on completion of the building work, the fire protection and structural capacity of the building will not be reduced.
For the purposes of subsections (1) and (3), the certifier may assume that the building work is carried out in accordance with—
(a) the relevant building work plans and specifications, and
(b) the conditions of the construction certificate.
This section does not apply to building work required by a consent authority as a condition of a development consent that authorises a change of building use.
In this section—
(a) involves the alteration of an existing building, and
(b) does not involve a change of building use.
(a) the structural strength and load-bearing capacity of the building, and
(b) the measures to protect persons using the building, and to facilitate their safe egress from the building, if there is a fire, and
(c) the measures to restrict the spread of fire from the building to other buildings nearby.
Maximum penalty (subsections (1) and (3))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
This section applies to a construction certificate for residential apartment development if the development application was required, under the Environmental Planning and Assessment Regulation 2021, section 29, to be accompanied by a statement by a qualified designer.
A certifier must not issue a construction certificate unless the certifier has received a statement by a qualified designer verifying that the relevant building work plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design principles for residential apartment development.
Maximum penalty (subsection (2))—
(a) for a corporation—600 penalty units, or
(b) for an individual—300 penalty units.
If the development application was also required to be accompanied by a BASIX certificate for a building, the design principles for residential apartment development do not need to be addressed to the extent to which they aim—
(a) to reduce the consumption of mains-supplied potable water or greenhouse gas emissions related to the use of—
(i) the building, or
(ii) the land on which the building is located, or
(b) to improve the thermal performance of the development, or
(c) to quantify and report on the embodied emissions attributable to the development.
A certifier must not issue a construction certificate for development on a site that affects an existing building unless a certifier has carried out an inspection of the building.
Maximum penalty (subsection (1))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
If the development affects an existing building that is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, an inspection must include the following parts of the building—
(a) the parts of the building affected by the development,
(b) the egress routes from the parts of the building affected by the development.
A certifier must make a record of each inspection carried out by the certifier for the purposes of section 16.
A certifier who is required to make a record, but who is not the certifier in relation to the issue of the construction certificate, must give a copy of the record to the certifier in relation to the issue of the certificate—
(a) through the NSW planning portal, and
(b) within 2 days after carrying out the inspection.
A record of an inspection must include the following information—
(a) the registered number of the relevant development application,
(b) the address of the site of the inspection,
(c) the type of inspection,
(d) the date of the inspection,
(e) if the inspection was carried out by a council—
(i) the name of the council, and
(ii) the name and signature of the individual who carried out the inspection,
(f) if the inspection was carried out by a registered certifier—
(i) the name and registration number of the registered certifier, and
(ii) if the registered certifier is a registered body corporate—the name and registration number of the individual who carried out the inspection,
(g) details of the current fire safety measures in the existing building,
(h) details about whether the relevant building work plans and specifications adequately and accurately describe the condition of the existing building,
(i) details about whether building work authorised by the relevant development consent has commenced on the site.
Maximum penalty (subsections (1) and (2))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
A certifier must not issue a construction certificate for building work that involves a performance solution unless the certifier—
(a) has obtained or been given a performance solution report, and
(b) is satisfied that—
(i) the report was prepared in accordance with the requirements set out in the Building Code of Australia, A2G2(4), and
(ii) the relevant building work plans and specifications show and describe the physical elements of the performance solution, if possible, and
(iii) if the performance-based design brief for the proposed performance solution relates to a fire safety requirement for a class 2, 3, 4, 5, 6, 7, 8 or 9 building—the brief was developed following consultation with the Fire Commissioner as required by section 26.
Maximum penalty (subsection (1))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
A performance solution report for a fire safety requirement must be prepared by or on behalf of—
(a) for a prescribed report—a recognised person, or
(b) otherwise—a person who is an accredited practitioner (fire safety).
In this section—
(a) a class 9a building that is proposed to have a floor area of 2,000 square metres or more, or
(b) a building, other than a class 9a building, that is proposed to have a fire compartment with a floor area of more than 2,000 square metres, or
(c) a building, other than a class 9a building, that is proposed to have a floor area of more than 6,000 square metres.
A certifier must not issue a construction certificate for building work unless—
(a) the relevant building work plans and specifications include the matters required by a relevant BASIX certificate, if any, and
(b) the design and construction of the building, as described in the relevant building work plans and specifications and in other information given to the certifier under section 12, is consistent with the development consent, and
(c) the building will comply with the relevant requirements of the Building Code of Australia as in force on the relevant date.
Maximum penalty (subsection (1))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
The
(a) the day on which the application for the construction certificate was made, or
(b) if the building is a multi storey building and a construction certificate has been issued under the same development consent for building work involving the entrance floor—the day on which the application for that construction certificate was made.
Subsection (1)(c) does not apply—
(a) to a temporary building, or
(b) to the extent of an exemption under section 74(4), 111(4) or 117(1).
A certifier must not refuse to issue a construction certificate because a building product or system relating to the development does not comply with a requirement of the Building Code of Australia if—
(a) a certificate of conformity issued in accordance with the CodeMark scheme is in force in relation to the building product or system, and
(b) use of the building product or system is not prohibited under the Building Products (Safety) Act 2017.
The following persons do not incur liability as a consequence of acting in accordance with subsection (3)—
(a) a certifier,
(b) an employee of a certifier, if the certifier is a consent authority.
In this section—
A certifier must not issue a construction certificate for building work under a development consent unless the following have been complied with—
(a) a condition of the development consent or an agreement referred to in the Act, section 4.17(6) requiring the provision of security before building work is carried out,
(b) a condition of the development consent, referred to in the Act, section 7.11 or 7.12, requiring the payment of a monetary contribution or levy before building work is carried out,
(c) a condition of the development consent that must be complied with before a construction certificate may be issued.
Maximum penalty—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
If a planning agreement specifies requirements of the agreement that must be complied with before a construction certificate for building work is issued, a certifier must not issue a construction certificate for the building work unless the certifier is satisfied the requirements have been complied with.
Maximum penalty—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
It is a condition of a construction certificate for building work involving the installation, extension or modification of a relevant fire safety system in a class 2, 3, 4, 5, 6, 7, 8 or 9 building that the building work must not commence unless—
(a) plans have been submitted to the principal certifier that show—
(i) for building work involving the installation of the relevant fire safety system—the layout, extent and location of key components of the relevant fire safety system, or
(ii) for building work involving the extension or modification of the relevant fire safety system—the layout, extent and location of the new or modified components of the relevant fire safety system, and
(b) specifications have been submitted to the principal certifier that—
(i) describe the basis for the design, installation and construction of the relevant fire safety system, and
(ii) identify the provisions of the Building Code of Australia on which the design of the system is based, and
(c) the plans and specifications—
(i) are certified by a compliance certificate as complying with the relevant provisions of the Building Code of Australia, or
(ii) are endorsed by an accredited practitioner (fire safety) as complying with the relevant provisions of the Building Code of Australia, and
(d) if the plans and specifications were submitted before the construction certificate was issued—they are endorsed by a certifier with a statement that the certifier is satisfied they correctly identify the relevant performance requirements and deemed-to-satisfy provisions, and
(e) if the plans and specifications were not submitted before the construction certificate was issued—they are endorsed by the principal certifier with a statement that the principal certifier is satisfied they correctly identify the relevant performance requirements and deemed-to-satisfy provisions.
Subsection (1)(c)(ii) does not apply to the extent of an exemption under section 74(4).
A certifier must not issue a construction certificate unless the certificate contains the following information—
(a) the name of the certifier,
(b) if the certifier is a registered body corporate—the name of the individual who issued the certificate,
(c) if the certifier is a registered certifier—
(i) the registration number of the certifier, and
(ii) if the certifier is a registered body corporate—the registration number of the individual who issued the certificate,
(d) the signature of the individual who issued the certificate,
(e) the registered number and date of issue of the relevant development consent,
(f) the date of the certificate,
(g) a statement to the effect that building work completed in accordance with the documents accompanying the application for the certificate, including modifications verified by the certifier shown on the documents, will comply with the requirements referred to in the Act, section 6.6,
(h) the Building Code of Australia classification of the building to which the certificate relates,
(i) if a performance solution report about the building work is required under section 18—the following details of the report—
(i) the title of the report,
(ii) the date on which the report was made,
(iii) the reference number and version number of the report,
(iv) the name of the person who prepared the report or on whose behalf the report was prepared,
(v) if the person referred to in subparagraph (iv) is an accredited practitioner (fire safety) and a registered certifier—the certifier’s registration number,
(i1) the edition of the Building Code of Australia considered by the certifier for section 19(1)(c),
(j) if the building work is exempt from compliance with the Building Code of Australia under section 74(4)—the details of the exemption.
Maximum penalty (subsection (1))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
A construction certificate may indicate different Building Code of Australia classifications for different parts of the same building.
A certifier must not issue a construction certificate for a building for which a fire safety schedule is required under Part 10 unless the certificate is accompanied by the schedule.
Maximum penalty (subsection (3))—
(a) for a corporation—600 penalty units, or
(b) for an individual—300 penalty units.
The following persons may apply to modify the development the subject of a construction certificate or an application for a construction certificate—
(a) a person who made the application for the construction certificate,
(b) a person who has the benefit of the construction certificate.
This Part applies to an application to modify development in the same way as it applies to the original application.
For the purposes of subsection (2), a reference in this Part to the Building Code of Australia is taken to be a reference to the edition of the Building Code of Australia that applied in relation to the original application.
A certifier who grants an application for a construction certificate that relates to the modification of referred development must, as soon as practicable, notify the Fire Commissioner if the building to which the construction certificate relates is no longer a building to which Division 3 applies because of the modification.
In this section—
In this Division—
(a) the performance solution will meet the performance requirements it is intended to meet, and
(b) the fire hydrants in the proposed fire hydrant system will be accessible for use by Fire and Rescue NSW, and
(c) the couplings in the fire hydrant system will be compatible with the fire appliances and equipment used by Fire and Rescue NSW.
(a) a class 1a, 1b or 10 building, or
(b) a temporary structure.
A certifier or the Fire Commissioner must use the NSW planning portal to provide a document, information or notice required under this Division.
An application for a construction certificate to which this Division applies made but not finally determined before 11 December 2020 must be dealt with under the Environmental Planning and Assessment Regulation 2000 as in force immediately before that date.
The owner of a building must ensure that the person who develops a performance-based design brief for a performance solution for a fire safety requirement in the building requests the Fire Commissioner’s comments on the brief if—
(a) the building is a class 2, 3, 4, 5, 6, 7, 8 or 9 building, and
(b) a construction certificate is required for the building work comprising the performance solution.
A request must be made—
(a) during the development of the performance-based design brief, and
(b) in the way required by the Fire Commissioner.
The Fire Commissioner must, within 10 business days after a request is made, give notice of whether or not the Fire Commissioner will provide comments on the performance-based design brief to—
(a) the person who developed the performance-based design brief, and
(b) the building owner.
The building owner must not implement the performance solution unless the building owner has received and considered the Fire Commissioner’s written comments on the performance-based design brief.
Maximum penalty—
(a) for a corporation—600 penalty units, or
(b) for an individual—300 penalty units.
However, a building owner may implement the performance solution if—
(a) the Fire Commissioner has failed to notify the building owner within 10 business days after a request was made whether or not the Fire Commissioner will provide comments on the performance-based design brief, or
(b) the Fire Commissioner has notified the building owner that the Fire Commissioner will not provide comments on the performance-based design brief, or
(c) the Fire Commissioner has not provided written comments within 20 business days after the request was made.
Within 7 business days after receiving an application for a construction certificate for relevant building work, a certifier must give the following to the Fire Commissioner—
(a) a copy of the application,
(b) a copy of the relevant building work plans and specifications,
(c) details of the performance requirements that the performance solution is intended to meet,
(d) details of the assessment methods to be used to establish compliance with the relevant performance requirements under the Building Code of Australia.
Maximum penalty (subsection (1))—
(a) for a corporation—600 penalty units, or
(b) for an individual—300 penalty units.
The Fire Commissioner must—
(a) within 2 business days after receiving the documents, notify the certifier of the date of receipt of the documents (the
document receipt date ), and(b) within 10 business days after the document receipt date, notify the certifier whether or not the Fire Commissioner will prepare an initial fire safety report for the building.
The Fire Commissioner may give the certifier an initial fire safety report for the building only if notice has been given to the certifier under subsection (2)(b).
An initial fire safety report may recommend conditions to be imposed on the erection or alteration of the building.
A certifier must not issue a construction certificate for relevant building work unless the certifier has considered an initial fire safety report for the building.
However, a certifier may issue a construction certificate for relevant building work without considering an initial fire safety report if—
(a) the Fire Commissioner has notified the certifier under section 27(2)(b) that an initial fire safety report will not be prepared, or
(b) the Fire Commissioner has failed to notify the certifier within 10 business days after the document receipt date whether or not an initial fire safety report will be prepared, or
(c) the Fire Commissioner has notified the certifier that an initial fire safety report will be prepared, but the report is not given within 25 business days after the document receipt date.
If a certifier does not adopt a condition recommended in an initial fire safety report that the certifier is required to consider because the certifier does not agree with the recommendation, the certifier must give written notice to the Fire Commissioner.
The written notice must include the reasons for not adopting the recommended condition.
If the Fire Commissioner notifies a certifier within 10 business days after the document receipt date that an initial fire safety report will be prepared but fails to give the report within 25 business days after the document receipt date, the certifier must give the Fire Commissioner written notice if a construction certificate is issued.
Maximum penalty (subsections (1), (3) and (5))—
(a) for a corporation—600 penalty units, or
(b) for an individual—300 penalty units.
If a certifier adopts a condition recommended in a initial fire safety report, the certifier must—
(a) if the condition can be given effect to by being included in the relevant building work plans and specifications—ensure the condition is included by—
(i) redrawing the plans and specifications, or
(ii) annotating the relevant part of the plans and specifications, including by inserting, deleting or altering matter, or
(b) otherwise—issue the construction certificate subject to the condition.
Maximum penalty—
(a) for a corporation—600 penalty units, or
(b) for an individual—300 penalty units.
An application for a subdivision works certificate must—
(a) be in the approved form, and
(b) include all the information and documents specified in the approved form or required by the Act or this Regulation, and
(c) be lodged on the NSW planning portal.
The application must also be accompanied by the following—
(a) details of the existing and proposed subdivision pattern, including the number of lots and the location of roads,
(b) details about the public authorities that have been consulted about the provision of utility services to the land,
(c) detailed engineering plans about earthworks, roadworks, road pavement, road furnishings, stormwater drainage, water supply works, sewerage works, landscaping works and erosion control works,
(d) a copy of any compliance certificates to be relied on.
The application may only be made by a person who is eligible to appoint a principal certifier for the development.
The certifier for the development must notify the applicant through the NSW planning portal that the application has been lodged.
Maximum penalty (subsection (4))—
(a) for a corporation—150 penalty units, or
(b) for an individual—75 penalty units.
An applicant may use the NSW planning portal to withdraw an application for a subdivision works certificate at any time before the application is determined.
The certifier may, but is not required to, refund to the applicant the whole or part of the application fee paid in relation to a withdrawn application.
A certifier may require the applicant for a subdivision works certificate to give the certifier information about the subdivision work or a planning agreement that the certifier considers necessary to properly consider the application.
If the applicant requests information from a planning authority that is a party to the planning agreement for the purposes of complying with the certifier’s request under this section, the planning authority may certify that specified requirements of the agreement have been complied with.
This section does not affect the certifier’s duty to determine the application.
A certifier must ensure the certifier’s determination of an application for a subdivision works certificate contains the following information—
(a) the date on which the application was determined,
(b) whether the application is approved or refused,
(c) if the application is refused—
(i) the reasons for the refusal, and
(ii) if the certifier is a consent authority—the applicant’s right of appeal under the Act.
Within 2 days after determining the application, the certifier must use the NSW planning portal to—
(a) give the determination to the applicant, and
(b) give a copy of the following to the consent authority and council—
(i) the determination and the application to which it relates,
(ii) a subdivision works certificate issued as a result of the determination,
(iii) the plans and specifications in relation to which the subdivision works certificate is issued,
(iv) other documents that were lodged with the application for the certificate or given to the certifier under section 32.
In this Part, a reference to issuing a subdivision works certificate includes a reference to endorsing the subdivision work on the relevant plans and specifications.
Maximum penalty (subsections (1) and (2))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
A certifier must not issue a subdivision works certificate unless the design and construction of the subdivision work is consistent with the development consent.
A certifier must not issue a subdivision works certificate under a development consent unless the following have been complied with—
(a) a condition of the development consent or an agreement referred to in the Act, section 4.17(6) requiring the provision of security before work is carried out,
(b) a condition of the development consent, referred to in the Act, section 7.11 or 7.12, requiring the payment of a monetary contribution or levy before work is carried out,
(c) a condition of the development consent that must be complied with before the subdivision works certificate may be issued,
(d) a condition of a planning agreement that must be complied with before the subdivision works certificate may be issued.
In this section—
Maximum penalty (subsections (1) and (2))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
A certifier must not issue a subdivision works certificate unless the certificate contains the following information—
(a) the name of the certifier,
(b) if the certifier is a registered body corporate—the name of the individual who issued the certificate,
(c) if the certifier is a registered certifier—
(i) the registration number of the certifier, and
(ii) if the certifier is a registered body corporate—the registration number of the individual who issued the certificate,
(d) the signature of the individual who issued the certificate,
(e) the registered number and date of issue of a relevant development consent,
(f) the date of the certificate,
(g) a statement to the effect that work completed in accordance with documents accompanying the application for the certificate, including modifications to the documents verified by the certifier, will comply with the requirements referred to in the Act, section 6.12.
Maximum penalty—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
The following persons may apply to modify the development to which an application for a subdivision works certificate or a subdivision works certificate applies—
(a) a person who made the application for the subdivision works certificate,
(b) a person who has the benefit of the subdivision works certificate.
This Part applies to an application to modify development to which an application for a subdivision works certificate or a subdivision works certificate applies in the same way as it applies to the original application.
An application for an occupation certificate must—
(a) be in the approved form, and
(b) include all the information and documents specified in the approved form or required by the Act or this Regulation, and
(c) be lodged on the NSW planning portal.
An application for an occupation certificate must be accompanied by a copy of the following documents that are relevant—
(a) a development consent,
(b) a construction certificate,
(c) a fire safety certificate,
(d) a compliance certificate.
An application that relates to development with an estimated development cost of $10 million or more, as specified in the development application, must also be accompanied by a copy of the following documents—
(a) if the certifier determining the application is a registered certifier—a document from the relevant council certifying that a monetary contribution or levy under the Act, section 7.11 or 7.12—
(i) is not required to be paid before an occupation certificate is issued, or
(ii) is required and has been paid,
(b) if the building resulting from the development is on land in a special contributions area—a document from the Planning Secretary certifying that a development contribution under the Act, former section 7.24—
(i) is not required to be made before an occupation certificate is issued, or
(ii) is required and has been made.
An application that relates to a development consent that was granted with a condition requiring a commitment listed in a BASIX certificate to be fulfilled must also be accompanied by a copy of each relevant BASIX certificate.
An application for an occupation certificate may only be made by a person who is eligible to appoint a principal certifier for the development.
The principal certifier for the development must notify the applicant through the NSW planning portal that the application has been lodged.
Maximum penalty (subsection (6))—
(a) for a corporation—150 penalty units, or
(b) for an individual—75 penalty units.
A certifier may require the applicant for an occupation certificate to give the certifier information about the following that the certifier considers necessary to properly consider the application—
(a) the building to which the application relates, including work that may have been carried out on the building,
(b) a planning agreement.
If an applicant requests information from a planning authority that is a party to a planning agreement for the purposes of complying with a certifier’s request under this section, the planning authority may certify that specified requirements of the agreement have been complied with.
This section does not affect a certifier’s duty to determine an application for an occupation certificate.
A certifier must ensure the certifier’s determination of an application for an occupation certificate contains the following information—
(a) the date on which the application was determined,
(b) whether the application is approved or refused,
(c) if the application is refused—
(i) the reasons for the refusal, and
(ii) if the certifier is a council—the applicant’s right of appeal under the Act.
Within 2 days after determining the application, the certifier must use the NSW planning portal to—
(a) give the determination to the applicant, and
(b) give a copy of the following to the consent authority and council—
(i) the determination,
(ii) the documents that were lodged with the application for the occupation certificate,
(iii) if an occupation certificate was issued—the certificate,
(iv) the records required to be made of critical stage inspections or other inspections required under this Regulation and any missed inspections,
(v) a compliance certificate and other documentary evidence, whether or not of a kind referred to in the Building Code of Australia, A5G3, relied on to issue the occupation certificate.
Maximum penalty (subsections (1) and (2))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
This section applies to the issue of an occupation certificate for a building if building work that involves a performance solution was carried out.
A certifier must not issue an occupation certificate unless—
(a) the certifier is satisfied the building work was carried out in accordance with the performance solution report that accompanied the construction certificate or complying development certificate, and
(b) if the performance solution report was required to be prepared by a recognised person—
(i) the certifier has obtained a compliance certificate or written report, prepared by a recognised person, and
(ii) the certificate or report contains a statement that the building work the performance solution report relates to—
(A) has been completed, and
(B) is consistent with the performance solution.
Maximum penalty (subsection (2))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
A certifier must not issue an occupation certificate authorising a person to commence the following unless a final fire safety certificate has been issued for the building—
(a) occupation or use of a new building,
(b) a change of building use for an existing building.
A certifier must not issue an occupation certificate authorising a person to commence the following unless a fire safety certificate has been issued for the relevant part of the building—
(a) occupation or use of a partially completed new building,
(b) a change of building use for part of an existing building.
This section does not apply to—
(a) a class 1a or 10 building, or
(b) a temporary structure.
Maximum penalty (subsections (1) and (2))—
(a) for a corporation—600 penalty units, or
(b) for an individual—300 penalty units.
A certifier must not issue an occupation certificate authorising a person to commence the following if the building is a hazard to the health or safety of the occupants of the building—
(a) occupation or use of a partially completed new building,
(b) a new use of a part of an existing building.
A certifier must not issue an occupation certificate authorising a person to commence occupation or use of a temporary structure as an entertainment venue unless—
(a) the certifier has inspected the temporary structure, and
(b) the temporary structure is suitable for its proposed occupation or use as an entertainment venue, including for the number of persons proposed to occupy or use the temporary structure.
A certifier must not issue an occupation certificate authorising a person to commence occupation or use of a new building, or a partially completed new building, unless the design and construction of the new building, or the part of the new building that is completed, is consistent with the development consent in force for the new building.
Subsection (3) applies only if the development consent, not including a construction certificate forming part of the consent, was issued on or after 1 March 2013.
Maximum penalty (subsections (1)–(3))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
This section applies to an occupation certificate for residential apartment development if the development application was required to be accompanied by a statement by a qualified designer under the Environmental Planning and Assessment Regulation 2021, section 29.
A certifier must not issue an occupation certificate unless the certifier has received a design statement.
Maximum penalty (subsection (2))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
If the development application was also required to be accompanied by a BASIX certificate for a building, the design statement does not need to address the design principles for residential apartment development to the extent to which they aim—
(a) to reduce the consumption of mains-supplied potable water or greenhouse gas emissions related to the use of—
(i) the building, or
(ii) the land on which the building is located, or
(b) to improve the thermal performance of the development, or
(c) to quantify and report on the embodied emissions attributable to the development.
In this section—
This section applies to an occupation certificate if a relevant BASIX certificate requires a certifier to monitor fulfilment of a commitment listed in the certificate in relation to a building.
The certifier must not issue an occupation certificate for the building unless the commitment has been fulfilled.
Maximum penalty (subsection (2))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
In determining whether a commitment has been fulfilled, the certifier may rely on the advice of a properly qualified person.
This section applies to an occupation certificate for BASIX development if a relevant BASIX certificate requires a certifier to monitor fulfilment of a commitment listed in the certificate in relation to a building.
A certifier must not issue an occupation certificate for the building unless the certifier has a receipt from the Planning Secretary (a
Maximum penalty (subsection (2))—
(a) for a corporation—100 penalty units, or
(b) for an individual—50 penalty units.
An application for a BASIX completion receipt must—
(a) be made in the approved form, and
(b) contain the following information—
(i) the number of each relevant BASIX certificate for the building or part of the building,
(ii) the postcode of the address of the building,
(iii) the date of the final inspection.
The Planning Secretary may issue a BASIX completion receipt—
(a) by an approved BASIX system, or
(b) in another way approved by the Planning Secretary from time to time.
A BASIX completion receipt must—
(a) be in the approved form, and
(b) confirm that the information required under subsection (3)(b) has been received.
This section does not apply to an occupation certificate to commence occupation or use of a partially completed building.
This section applies to development with an estimated development cost of $10 million or more, as specified in the development application.
A registered certifier must not issue an occupation certificate for a building resulting from the development unless the certifier has—
(a) received a copy of a document from the relevant council required under section 37(3)(a), and
(b) confirmed with the relevant council that—
(i) the council issued the document referred to in paragraph (a), and
(ii) no contributions or levies have been required since the document was issued.
If the development is on land within a special contributions area, the certifier must not issue an occupation certificate for a building resulting from the development unless the certifier has—
(a) received a copy of a document from the Planning Secretary required under section 37(3)(b), and
(b) confirmed with the Planning Secretary that—
(i) the Planning Secretary issued the document referred to in paragraph (a), and
(ii) no contributions have been required under former section 7.24 since the document was issued.
This section does not limit the restrictions on the issue of occupation certificates referred to in the Act, section 6.10.
Maximum penalty (subsections (2) and (3))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
This section applies to complying development involving a dwelling house, dual occupancy or secondary dwelling in the Coonamble, Gilgandra, Warrumbungle Shire and Dubbo Regional local government areas.
The principal certifier must not issue an occupation certificate for a dwelling house, dual occupancy or secondary dwelling on land in the Coonamble, Gilgandra or Warrumbungle Shire local government areas if any dwelling in the dwelling house, dual occupancy or secondary dwelling has—
(a) an outside light fitting that is not shielded, or
(b) more than 7 shielded outside light fittings, or
(c) more than 5 shielded outside light fittings that are not automatic.
The principal certifier must not issue an occupation certificate for a dwelling house, dual occupancy or secondary dwelling on land in the Dubbo Regional local government area if a dwelling in the dwelling house, dual occupancy or secondary dwelling has an outside light fitting that is not shielded.
In this section—
(a) is activated by a sensor, and
(b) switches off automatically after a period of time.
Maximum penalty (subsections (2) and (3))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
If a planning agreement specifies requirements of the agreement that must be complied with before an occupation certificate for a building may be issued, a certifier must not issue an occupation certificate for the building unless the certifier is satisfied the requirements have been complied with.
Maximum penalty—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
A certifier must not issue an occupation certificate unless the certificate contains the following information—
(a) the name of the certifier,
(b) if the certifier is a registered body corporate—the name of the individual who issued the certificate,
(c) if the certifier is a registered certifier—
(i) the registration number of the certifier, and
(ii) if the certifier is a registered body corporate—the registration number of the individual who issued the certificate,
(d) the signature of the individual who issued the certificate,
(e) the date of the certificate,
(f) whether the certificate relates to—
(i) the occupation or use of a new building, or
(ii) a change of building use for an existing building,
(g) whether the certificate applies to—
(i) the whole building or part of the building, or
(ii) a partially completed building,
(h) a statement to the effect that—
(i) if the certificate is for a part of a new building or partially completed building—the health and safety of the occupants of the building have been considered, and
(ii) a current development consent is in force for the building, and
(iii) if building work has been carried out—a current construction certificate, or a current complying development certificate, has been issued in relation to the building work plans and specifications,
(iv) the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia, and
(v) a fire safety certificate has been issued, if a fire safety schedule was required under Part 10, and
(vi) a report from the Fire Commissioner has been considered, if required,
(i) the following details of a performance solution report about the building work—
(i) the title of the report,
(ii) the date on which the report was made,
(iii) the reference number and version number of the report,
(iv) the name of the person who prepared the report or on whose behalf the report was prepared,
(v) if the person referred to in subparagraph (iv) is an accredited practitioner (fire safety) and a registered certifier—the certifier’s registration number.
Maximum penalty (subsection (1))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
A certifier must not issue an occupation certificate in relation to which a fire safety schedule was required under Part 10 unless the certificate is accompanied by—
(a) a fire safety certificate, and
(b) a fire safety schedule.
Maximum penalty (subsection (2))—
(a) for a corporation—600 penalty units, or
(b) for an individual—300 penalty units.
This section applies to an application for an occupation certificate for development that is subject to a construction certificate and involves a performance solution for a fire safety requirement in a building other than—
(a) a class 1a, 1b or 10 building, or
(b) a temporary structure.
As soon as practicable after receiving the application, the certifier must request a final fire safety report for the building from the Fire Commissioner.
The certifier is not required to request a final fire safety report under subsection (2) if the certifier has already refused the application for the occupation certificate.
If the certifier refuses the application for an occupation certificate after making the request but before receiving a final fire safety report, the certifier must notify the Fire Commissioner.
If the Fire Commissioner has provided the certifier with a final fire safety report within 10 business days after receiving the request for the report, the certifier must not issue an occupation certificate for the building unless the certifier has—
(a) considered the report, and
(b) given the Fire Commissioner written notice of the reasons for not adopting a recommendation for remediation that is not adopted.
If the Fire Commissioner provided the certifier with a fire safety system report for a building under section 51, the Fire Commissioner is not required to also prepare a final fire safety report under this section.
A certifier or the Fire Commissioner must use the NSW planning portal to make a request, or provide a notice or report, under this section.
In this section—
(a) whether the Fire Commissioner is satisfied of the following—
(i) the building work complies with a performance solution for a fire safety requirement that was the subject of the construction certificate,
(ii) the fire hydrants in the fire hydrant system will be accessible for use by Fire and Rescue NSW,
(iii) the couplings in the fire hydrant system will be compatible with the fire appliances and equipment used by Fire and Rescue NSW, and
(b) if the Fire Commissioner is not satisfied of a matter in paragraph (a)(i)–(iii)—the Fire Commissioner’s recommendations for remediation.
Maximum penalty (subsections (2), (4) and (5))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
This section applies to an application for an occupation certificate for development that involved installing, extending or modifying a relevant fire safety system in a class 2 or 3 building.
As soon as practicable after receiving the application, the certifier must request a fire safety system report from the Fire Commissioner.
The certifier is not required to request a fire safety system report under subsection (2) if—
(a) the certifier has already refused the application for the occupation certificate, or
(b) the Fire Commissioner has provided a final fire safety report for the building under section 50.
If the certifier refuses the application for an occupation certificate after making the request but before receiving a fire safety system report, the certifier must notify the Fire Commissioner.
If the Fire Commissioner has provided the certifier with a fire safety system report within 10 business days after receiving the request for the report, the certifier must not issue an occupation certificate for the building unless the certifier has—
(a) considered the report, and
(b) given the Fire Commissioner written notice of the reasons for not adopting a recommendation for remediation that is not adopted.
A certifier or the Fire Commissioner must use the NSW planning portal to make a request, or provide a notice or report, under this section.
In this section—
(a) whether the Fire Commissioner is satisfied the relevant fire safety system is capable of performing to at least the standard in the current fire safety schedule for the building, and
(b) if not—the Fire Commissioner’s recommendations for modification of the system.
Maximum penalty (subsections (2), (4) and (5))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
For the purposes of the Act, section 6.9(2)(a)(iii) and (b)(ii), the following circumstances are prescribed—
(a) the building is a temporary structure, other than a temporary structure that is an entertainment venue,
(b) the building is a structure resulting from building work to which section 62 applies.
A person who is prescribed to be the Crown for the purposes of the Act, Division 4.6 is also prescribed for the purposes of the Act, section 6.9(2)(a)(iv) and (b)(iii), in relation to Crown building work involving the erection of a new building.
It is a condition of an occupation certificate issued for the first completed stage of a partially completed building (the
The following persons have the function of issuing a subdivision certificate in relation to a subdivision carried out by or on behalf of the person—
(a) Newcastle Port Corporation,
(b) the port operator, within the meaning of the Ports and Maritime Administration Act 1995, of the following ports—
(i) the Port of Botany Bay,
(ii) the Port of Newcastle,
(iii) Port Kembla,
(c) Transport for NSW.
Transport for NSW also has the function of issuing a subdivision certificate in relation to development for which Transport for NSW granted development consent.
An application for a subdivision certificate must—
(a) be in the approved form, and
(b) include all the information and documents specified in the approved form or required by the Act or this Regulation, and
(c) be lodged on the NSW planning portal.
The application must be accompanied by the following documents—
(a) a plan of subdivision,
(b) a copy of the relevant development consent,
(c) a copy of a relevant subdivision works certificate,
(d) a copy of detailed subdivision engineering plans,
(e) for a deferred commencement consent—evidence the applicant has satisfied the consent authority of all matters of which the consent authority must be satisfied before the consent can operate,
(f) evidence the applicant has complied with all conditions of consent that it must comply with before a subdivision certificate can be issued, if relevant,
(g) a copy of a certificate of compliance from the relevant water supply authority, if relevant,
(h) for subdivision of land to which water or sewerage services will be provided under the Water Industry Competition Act 2006—a copy of a certificate of compliance under that Act for the development,
(i) for subdivision that is subject to an order of the Court under the Land and Environment Court Act 1979, section 40—evidence the required drainage easements have been acquired by the relevant council,
(j) for subdivision involving subdivision work—evidence of the matters specified in the Act, section 6.15(2).
The application may only be made by—
(a) the owner of the land to which the application relates, or
(b) another person, with the written consent of the owner of that land.
(Repealed)
The plan of subdivision to which the application relates must be accompanied by a survey certificate on the plan in the form required under the Surveying and Spatial Information Act 2002.
The certifier for the development must notify the applicant through the NSW planning portal that the application has been lodged.
Maximum penalty (subsection (6))—
(a) for a corporation—100 penalty units, or
(b) for an individual—50 penalty units.
In this section—
(a) the Sydney Water Corporation, the Hunter Water Corporation or a water supply authority within the meaning of the Water Management Act 2000, or
(b) a council or county council exercising water supply, sewerage or stormwater drainage functions under the Local Government Act 1993, Chapter 6, Part 3, Division 2.
A certifier may require the applicant for a subdivision certificate to give the certifier information about the subdivision or a planning agreement that the certifier considers necessary to properly consider the application.
If an applicant requests information from a planning authority that is a party to a planning agreement for the purposes of complying with a certifier’s request under this section, the planning authority may certify that specified requirements of the agreement have been complied with.
This section does not affect the certifier’s duty to determine an application for a subdivision certificate.
A certifier must ensure the certifier’s determination of an application for a subdivision certificate contains the following information—
(a) the date on which the application was determined,
(b) whether the application is approved or refused,
(c) if the application is refused—
(i) the reasons for the refusal, and
(ii) if the certifier is a consent authority—the applicant’s right of appeal under the Act,
(d) the name of the certifier,
(e) if the certifier is a registered body corporate—the name of the individual who dealt with the application,
(f) if the certifier is a registered certifier—
(i) the registration number of the certifier, and
(ii) if the certifier is a registered body corporate—the registration number of the individual who dealt with the application,
(g) the signature of the individual who determined the application.
Within 2 days after determining the application, the certifier must use the NSW planning portal to—
(a) give the determination to the applicant, and
(b) give a copy of the following to the consent authority and council—
(i) the determination,
(ii) the documents that were lodged with the application for the certificate,
(iii) if a subdivision certificate was issued—the endorsed plan of subdivision.
Maximum penalty (subsections (1) and (2))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
The form of a subdivision certificate is regulated under the Conveyancing Act 1919.
The principal certifier for building work or subdivision work must ensure a notice given under the Act, section 6.6(2)(a) or 6.12(2)(a) contains the following information—
(a) a description of the work to be carried out,
(b) the address of the land on which the work will be carried out,
(c) the registered number and date of issue of the relevant development consent,
(d) the name and address of the principal certifier and the person who appointed the principal certifier,
(e) if the principal certifier is a registered certifier—
(i) the certifier’s registration number, and
(ii) a statement signed by the registered certifier to the effect that the certifier consents to being appointed as principal certifier, and
(iii) a telephone number on which the certifier may be contacted for business purposes.
The notice must be lodged on the NSW planning portal.
The principal certifier for building work must ensure a notice given under the Act, section 6.6(2)(b) contains the following information—
(a) the name and registration number of the principal certifier,
(b) a telephone number on which the principal certifier may be contacted for business purposes,
(c) a description of the work to be carried out,
(d) the address of the land on which the work will be carried out,
(e) the registered numbers of the development consent and the construction certificate,
(f) a list of the critical stage inspections and other inspections that must be carried out in relation to the work.
The notice must be lodged on the NSW planning portal.
A person required to give a notice under the Act, section 6.6(2)(e) or 6.12(2)(c) must ensure the notice contains the following information—
(a) the name and address of the person,
(b) a description of the work to be carried out,
(c) the address of the land on which the work will be carried out,
(d) the registered numbers and date of issue of the development consent and construction certificate,
(e) a statement signed by or on behalf of the principal certifier that all conditions of the consent that must be satisfied before the work commences have been satisfied,
(f) the date on which the work is intended commence.
The notice must be lodged on the NSW planning portal.
This section applies to non-residential development under State Environmental Planning Policy (Sustainable Buildings) 2022 that is Crown building work certified to comply with the Building Code of Australia under the Act, Part 6 and that does not require a construction certificate under the Act, section 6.7(2).
Before carrying out building work for development to which this section applies, the information required to accompany an application for a construction certificate under sections 10A and 10B must be given to the Planning Secretary through the NSW planning portal.
Sections 10A(2)–(4) and 10B(3)–(5) apply to the information given to the Planning Secretary under this section in the same way as they apply to an application for a construction certificate.
A certifier must give written notice to the council if—
(a) an application is made to the certifier for a certificate under the Act, Part 6 affecting an existing building, and
(b) the building is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, and
(c) after receiving the application but before issuing the certificate, the certifier becomes aware, when carrying out an inspection or otherwise, of a significant fire safety issue with a part of the building.
A principal certifier must give written notice to the council if—
(a) the principal certifier is appointed for building work affecting an existing building, and
(b) the building is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, and
(c) after being appointed but before issuing an occupation certificate for the building work, the principal certifier becomes aware, when carrying out an inspection or otherwise, of a significant fire safety issue with the building.
The notice under subsection (1) or (2) must—
(a) describe the fire safety issue and the parts of the building affected by the issue, and
(b) be made within 2 days after the certifier or principal certifier becomes aware of the fire safety issue, and
(c) be lodged on the NSW planning portal.
A certifier or principal certifier is not required to give notice if the fire safety issue is being addressed—
(a) by a fire safety order, or
(b) by development that affects the building that is the subject of—
(i) a development consent, or
(ii) a construction certificate.
To avoid doubt, this section extends to a council that is a certifier or principal certifier.
Maximum penalty (subsections (1) and (2))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
The person having the benefit of a development consent must ensure that building work to which the development consent relates is inspected as required by this section (the
Maximum penalty (subsection (1))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
The building work for a class 1 or 10 building must be inspected on the following occasions—
(a) after excavation for, and before the placement of, a footing,
(b) before pouring an in-situ reinforced concrete building element,
(c) before covering the framework for a floor, wall, roof or other building element,
(d) before covering waterproofing in a wet area,
(e) before covering stormwater drainage connections,
(f) after the building work is completed and before an occupation certificate is issued for the building (the
final critical stage inspection ).
The building work for a class 2, 3 or 4 building must be inspected on the following occasions—
(a) after excavation for, and before the placement of, the first footing,
(b) before covering fire protection at service penetrations to building elements that are required to resist internal fire or smoke spread,
(b) to give more than one copy of a document to a person if the person is both a consent authority and a council.
This section specifies the period after which a council is taken to have refused to issue a construction certificate, subdivision works certificate, occupation certificate or subdivision certificate.
The period for a construction certificate or subdivision works certificate ends—
(a) for an application made on or before the day on which the council determines the associated development application—at the end of the deemed refusal period, or
(b) otherwise—28 days after the application for the certificate is made.
The period for an occupation certificate ends 14 days after the application for the occupation certificate is made.
The period for a subdivision certificate ends—
(a) for an application relating to subdivision that is State significant development or designated development, 14 days after the later of—
(i) the application for the subdivision certificate is made, or
(ii) the end of the period within which an appeal against the granting of the associated development consent may be made under the Act, section 8.8, or
(iii) the determination of an appeal against the granting of the associated development consent, or
(b) otherwise—
(i) if the subdivision requires development consent—14 days after the application for the subdivision certificate is made, or
(ii) if the subdivision does not require development consent—7 days after the application for the subdivision certificate is made.
In this section—
For the purposes of the Act, sections 4.15(4) and 4.28(4), a building product or system is accredited if—
(a) a certificate of conformity issued in accordance with the CodeMark scheme is in force in relation to the building product or system, and
(b) use of the building product or system is not prohibited under the Building Products (Safety) Act 2017.
For the purposes of the Act, section 6.1, definition of
(a1) the Government of New South Wales, and
(a2) a Minister of the Crown in right of New South Wales, and
(a) a public authority, other than a council,
(b) an Australian university, within the meaning of the Higher Education Act 2001,
(c) a TAFE establishment, within the meaning of the Technical and Further Education Commission Act 1990,
(d) without limiting paragraph (a), a Crown cemetery operator, within the meaning of the Cemeteries and Crematoria Act 2013.
For the purposes of the Act, section 4.32(2)(a), the following persons are prescribed in relation to Crown building work under the Act, section 6.28—
(a) if development consent is required under the Act—the Luna Park Reserve Trust,
(b) if the work is an activity within the meaning of the Act, Part 5—
(i) a determining authority that is a proponent, within the meaning of the Act, Part 5, of the activity, and
(ii) a company SOC, within the meaning of the State Owned Corporations Act 1989, that is the subject of a certificate under that Act, section 37A for the activity.
A relevant authority may use the NSW planning portal to give a document or information to an applicant, or to request a document or information from an applicant, even if this Regulation requires or permits the document or information to be given in another way.
For the purposes of this Regulation—
(a) the time at which a document or information is given by a relevant authority through the NSW planning portal is the time when the document or information is shown on the NSW planning portal to have been given by the relevant authority, and
(b) the time at which a document or information is received by an applicant or relevant authority is the time when the document or information becomes capable of being retrieved by the applicant or relevant authority through the NSW planning portal.
In this section—
(a) the Act,
(b) an environmental planning instrument,
(c) the Biodiversity Conservation Act 2016, Part 7.
An act, matter or thing that, immediately before the repeal of certain provisions of the 2000 Regulation by this Regulation, Schedule 3[1], [3] and [11], had effect under the 2000 Regulation continues to have effect under this Regulation.
The 2000 Regulation, clauses 144A, 147, 152B and 155, as in force immediately before 1 January 2022, continue to apply instead of this Regulation, sections 18, 23, 40 and 49 to—
(a) a construction certificate issued on or after 1 January 2022, if the application for the construction certificate was made but not finally determined before 1 January 2022, and
(b) an occupation certificate issued on or after 1 January 2022, if the application for the related complying development certificate or construction certificate was made but not finally determined before 1 January 2022.
In this section—
For the purposes of the Act, section 9.58—
(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) that limited kind of offence, or
(b) an offence committed in those limited circumstances.
The following persons are declared to be authorised persons for the purposes of the Act, section 9.58—
(a) a person generally or specially authorised by the Minister,
(b) a person, including a person employed in the Department, generally or specifically authorised by the Planning Secretary,
(c) a person, including an employee of a council, generally or specifically authorised by a council,
(d) a police officer.
An authorised fire officer is declared to be an authorised person for the purposes of the Act, section 9.58 for the following offences only—
(a) an offence under the Act, section 9.37 for a failure to comply with an order under the Act, Schedule 5, Part 2 given by an authorised fire officer,
(b) an offence under this Regulation, Part 13, section 102B, 104, 105 or Part 15.
Despite subsection (1), only the persons referred to in subsection (1)(a) and (b) are declared to be authorised persons for the following offences—
(a) an offence under the Act, section 6.5(5),
(b) an offence under this Regulation, section 4, 5, 13, 15, 20, 23, 27, 28, 29, 39, 41, 43, 44, 45, 49, 50, 54, 56, 63, 64, 68 or 75.
Column 1 | Column 2 | Column 3 |
Provision | Penalty for an individual | Penalty for a corporation |
Section 6.3 | ||
| $1,500 | $3,000 |
| $3,000 | $6,000 |
Section 6.5(5) | $3,000 | $6,000 |
Section 6.6(3) | ||
| $1,500 | $3,000 |
| $3,000 | $6,000 |
Section 6.12(3) | $3,000 | $6,000 |
Section 4(1) and (2) | $1,500 | $3,000 |
Section 5 | $1,500 | $3,000 |
Section 6 | $1,500 | $3,000 |
Section 7(3) | $750 | $1,500 |
Section 13(1) and (2) | $1,500 | $3,000 |
Section 14(1) and (3) | $1,500 | $3,000 |
Section 15(2) | $3,000 | $6,000 |
Section 16(1) | $1,500 | $3,000 |
Section 17(1) and (2) | $1,500 | $3,000 |
Section 18(1) | $1,500 | $3,000 |
Section 19(1) | $1,500 | $3,000 |
Section 20 | $1,500 | $3,000 |
Section 21 | $1,500 | $3,000 |
Section 23(1) | $1,500 | $3,000 |
Section 23(3) | $3,000 | $6,000 |
Section 26 | $1,500 | $3,000 |
Section 27(1) | $3,000 | $6,000 |
Section 28(1), (3) and (5) | $3,000 | $6,000 |
Section 29 | $3,000 | $6,000 |
Section 30(4) | $750 | $1,500 |
Section 33(1) and (2) | $1,500 | $3,000 |
Section 34(1) and (2) | $1,500 | $3,000 |
Section 35 | $1,500 | $3,000 |
Section 37(6) | $750 | $1,500 |
Section 39(1) and (2) | $1,500 | $3,000 |
Section 40(2) | $1,500 | $3,000 |
Section 41(1) and (2) | $3,000 | $6,000 |
Section 42(1)–(3) | $1,500 | $3,000 |
Section 43(2) | $1,500 | $3,000 |
Section 44(2) | $1,500 | $3,000 |
Section 45(2) | $500 | $1,000 |
Section 46(2) and (3) | $1,500 | $3,000 |
Section 47(2) and (3) | $1,500 | $3,000 |
Section 48 | $1,500 | $3,000 |
Section 49(1) | $1,500 | $3,000 |
Section 49(2) | $3,000 | $6,000 |
Section 50(2), (4) and (5) | $1,500 | $3,000 |
Section 51(2), (4) and (5) | $1,500 | $3,000 |
Section 54(6) | $500 | $1,000 |
Section 56(1) and (2) | $1,500 | $3,000 |
Section 60(1) and (2) | $1,500 | $3,000 |
Section 61(1) | $1,500 | $3,000 |
Section 62(2) | $1,500 | $3,000 |
Section 63(1) | $1,500 | $3,000 |
Section 63(2) | $500 | $1,000 |
Section 64(1) and (2) | $1,500 | $3,000 |
Section 65 | $1,500 | $3,000 |
Section 67(1), (2), (4) and (5) | $1,500 | $3,000 |
Section 68(3) and (5) | $1,500 | $3,000 |
Section 69(4) | $200 | $200 |
Section 70 | $1,500 | $3,000 |
Section 75(1) | $580 | $580 |
Section 78(2) | $1,500 | $3,000 |
Section 80(2) | $3,000 | $6,000 |
Section 81(1) | $3,000 | $6,000 |
Section 81A | $1,500 | $3,000 |
Section 84(1) and (3) | $1,500 | $3,000 |
Section 85(1)(b) | $1,500 | $3,000 |
Section 86(1) and (3) | $1,500 | $3,000 |
Section 88(4) | $1,500 | $3,000 |
Section 89(1) for the offence of failing to give an annual fire safety statement that occurs during— | ||
| $1,000 | $1,000 |
| $2,000 | $2,000 |
| $3,000 | $3,000 |
| $4,000 | $4,000 |
Section 89(4)(b) | $580 | $580 |
Section 90(4) | $1,500 | $3,000 |
Section 91(1) for the offence of failing to give a supplementary fire safety statement that occurs during— | ||
| $1,000 | $1,000 |
| $2,000 | $2,000 |
| $3,000 | $3,000 |
| $4,000 | $4,000 |
Section 91(4)(b) | $580 | $580 |
Section 92(1) and (2) | $1,500 | $3,000 |
Section 95(1) | $200 | $200 |
Section 95(2) | $300 | $300 |
Section 96(1) | $200 | $200 |
Section 96(2) and (3) | $300 | $300 |
Section 97(3) | $300 | $300 |
Section 98(1) | $200 | $200 |
Section 99(1) and (2) | $1,500 | $3,000 |
Section 99(5) | $500 | $1,000 |
Section 100(1) | $200 | $200 |
Section 102B(1) | $1,500 | $3,000 |
Section 104(1) | $1,500 | $3,000 |
Section 105(2) | $3,000 | $6,000 |
Section 108(2)–(4) | $1,500 | $1,500 |
Section 109(1)–(3) | $1,500 | $1,500 |
Section 111(5) and (7)(b) | $750 | $1,500 |
Section 113 | $1,500 | $3,000 |
Section 114(1) | $1,500 | $3,000 |
Section 117(4)(b) | $750 | $1,500 |
In this Part—
The following do not apply to a fire safety certificate issued before 13 February 2027—
(a) sections 84(2)(a) and (b) and 86(1)(b)(viii), as inserted by the 2022 Regulation,
(b) the amendments made to section 83 by the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2025.
Section 84(2), as in force immediately before 16 December 2022, continues to apply to a fire safety certificate issued before 13 February 2027.
Section 18(1)(b)(iii), as inserted by the 2022 Regulation, does not apply to a construction certificate if the application for the certificate was made before 1 August 2023.
Section 50, as in force immediately before 1 August 2023, continues to apply to an application for an occupation certificate made, but not finally decided, before 1 August 2023.
This Regulation, as in force immediately before 1 August 2023, continues to apply to an application for a construction certificate made, but not finally decided, before 1 August 2023.
The amendments made to this Regulation, section 19 by the amending Regulation do not apply to the issue of a construction certificate if—
(a) the relevant development consent was granted before the commencement of the amendments, and
(b) the building to which the development consent relates is a multi storey building, and
(c) a construction certificate has been issued under the same development consent for building work involving the entrance floor of the building.
In this section—
The following applications, lodged before 1 May 2023, must be determined as if the Planning Legislation Amendment (National Construction Code) Regulation 2023 had not commenced—
(a) a development application,
(b) an application for a construction certificate,
(c) an application for a complying development certificate.
For an application specified in subsection (1), a reference to the Building Code of Australia in this Regulation is a reference to the Code as in force when the application was lodged.
This section applies to an application for a construction certificate—
(a) lodged on or after 1 May 2023, and
(b) relating to a building to which section 19(1A)(b) applies, and
(c) for which the application for the construction certificate specified in section 19(1A)(b) was lodged before 1 May 2023.
In determining an application to which this section applies—
(a) a reference to the Building Code of Australia in this Regulation is a reference to the Code as in force immediately before 1 May 2023, and
(b) (Repealed)
(Repealed)
Subsections (2)(b) and (3) are repealed at the beginning of 1 August 2023.
The amendments to section 71 made by the Environmental Planning and Assessment Amendment (Sustainable Buildings) Regulation 2022 do not, until the end of 30 June 2024, apply to—
(a) BASIX development referred to in State Environmental Planning Policy (Sustainable Buildings) Regulation 2022, section 4.2(2), or
(b) a BASIX certificate issued for the development.
Section 71, as in force immediately before 1 October 2023, continues, until the end of 30 June 2024, to apply instead.
To avoid doubt, a BASIX certificate issued in relation to BASIX development referred to in this section may accompany a development application or an application for a complying development certificate for the purposes of the Environmental Planning and Assessment Regulation 2021, sections 27(1)(a) and 131(1)(a).
section 3
(a) modifies, or enables the modification of, the pressure or flow characteristics of the hydraulic fire safety system, and
(b) is not associated with—
(i) an alteration of an existing building, unless the alteration relates solely and directly to the alteration to the hydraulic fire safety system, or
(ii) a change of building use.
(a) hotel or motel accommodation,
(b) a boarding house, hostel or co-living housing that—
(i) accommodates more than 12 residents, or
(ii) has a gross floor area exceeding 300 square metres.
(a) development that involves the erection, but not the relocation, of a BASIX building,
(b) development that involves a change of building use by which a building becomes a BASIX building,
(c) development that involves the alteration of a BASIX building, if the estimated development cost is $50,000 or more,
(d) development for the purposes of a swimming pool or spa, or combination of swimming pools and spas, that—
(i) services 1 dwelling only, and
(ii) has a capacity, or combined capacity, of 40,000 litres or more.
(a) development for the purposes of a garage, storeroom, carport, gazebo, verandah or awning,
(b) development that involves the alteration of a building listed on the State Heritage Register under the Heritage Act 1977,
(c) development that involves the alteration of a building resulting in a space that cannot be fully enclosed, other than a space that can be fully enclosed but for a vent needed for the safe operation of a gas appliance,
Example— A verandah that is open or enclosed by a screen, mesh or other material that permits the free and uncontrolled flow of air.
(d) development that involves the alteration of a building declared by the Planning Secretary, by order published in the Gazette, to be BASIX excluded development.
(a) development that involves the alteration of a BASIX building, if the estimated development cost is less than $50,000,
(b) development for the purposes of a swimming pool or spa, or combination of swimming pools and spas, that—
(i) services 1 dwelling only, and
(ii) has a capacity, or combined capacity, of less than 40,000 litres.
(a) Volume 1, E1P3, E1P4, E1P6, E2P1, E2P2 and E3P2,
(b) Volume 2, H3P2.
(a) in a provision of this Regulation that imposes requirements in relation to a development consent—the class to which the building belongs, as identified by the development consent, or
(b) otherwise—the class to which the building or part of a building belongs, as ascertained in accordance with the Building Code of Australia.
(a) requires periodic assessment and certification at intervals of less than 12 months, because of its nature, the environment or the circumstances, and
(b) is identified as a critical fire safety measure in a fire safety schedule.
(a) in relation to a BASIX building—means a room or suite of rooms occupied or used, or constructed or adapted to be capable of being occupied or used, as a separate domicile, or
(b) otherwise—has the same meaning as in the Standard Instrument.
(a) is or was included in the fire safety schedule for the building, or
(b) was included in 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 that Ordinance, Part 59, being an approval or order that was in force immediately before 1 July 1993, or
(c) was included in the essential services, within the meaning of the Local Government (Approvals) Regulation 1993, attached to an approval referred to in that Regulation, clause 22, being the latest approval granted during the period from 1 July 1993 to 30 June 1997, or
(d) was included in the essential services, within the meaning of the Local Government (Orders) Regulation 1993, attached to an order referred to in that Regulation, clause 6(1), being the latest order given during the period from 1 July 1993 to 30 June 1997.
(a) a cladding or cladding system comprising metal composite panels, including aluminium, zinc and copper,
(b) an insulated cladding system, including a system comprising polystyrene, polyurethane or polyisocyanurate.
(a) a fire safety system within the meaning of the Building Code of Australia, or
(b) the safety of persons if there is a fire, or
(c) the prevention, detection or suppression of fire.
(a) a fire hydrant system,
(b) a fire hose reel system,
(c) a fire sprinkler system, including a wall-wetting sprinkler or drencher system,
(d) an automatic fire suppression system of a hydraulic nature.
(a) a BASIX certificate that applies to the development when development consent is granted or modified, or
(b) if a replacement BASIX certificate accompanies a subsequent application for a construction certificate—the replacement BASIX certificate that applies to the development when the construction certificate is issued or modified.
(a) a hydraulic fire safety system,
(b) a fire detection and alarm system,
(c) a mechanical ducted smoke control system.
(a) a temporary structure, or
(b) a building specified as a temporary building in a development consent or complying development certificate granted or issued in relation to its erection.
(Repealed)
Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (689). LW 26.11.2021. Date of commencement, Schs 3[7]–[9] and 4 excepted, 1.1.2022, sec 2(1); date of commencement of Schs 3[7]–[9] and 4, on publication on LW, sec 2(2). This Regulation has been amended by this Regulation, Sch 1A, sec 5(4) and as follows—
(759) | Environmental Planning and Assessment Regulation 2021. LW 17.12.2021. Date of commencement of Sch 9, 1.1.2022, sec 2(3). | |
(40) | Environmental Planning and Assessment Amendment Regulation 2022. LW 18.2.2022. Date of commencement of Sch 2, on publication on LW, sec 2(1). | |
(520) | Environmental Planning and Assessment Amendment (Sustainable Buildings) Regulation 2022. LW 29.8.2022 Date of commencement, 1.10.2023, sec 2. Amended by Environmental Planning and Assessment Amendment (Sustainable Buildings) Regulation 2023 (531). LW 22.9.2023. Date of commencement, on publication on LW, sec 2. | |
(591) | Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment (Farm Stay Accommodation) Regulation 2022. LW 6.10.2022. Date of commencement, 1.12.2022, sec 2. | |
(702) | Environmental Planning and Assessment Amendment (Miscellaneous) Regulation (No 2) 2022. LW 25.11.2022. Date of commencement, on publication on LW, sec 2. | |
(788) | Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment (Fire Safety) Regulation 2022. LW 16.12.2022. Date of commencement of Sch 1[1] [4]–[10] [13]–[19] [35] [36] [41] and [44]–[46], 1.8.2023, sec 2(b); date of commencement of Sch 1[2] [3] [11] [12] [20] [23]–[29] [34] [37]–[40] [43] [47], on publication on LW, sec 2(d); date of commencement of Sch 1[21] [30]–[33], 13.2.2023, sec 2(a); date of commencement of Sch 1[22] and [42], 13.2.2025, sec 2(c). | |
(790) | Environmental Planning and Assessment Amendment (Kosciuszko Alpine Region) Regulation 2022. LW 16.12.2022. Date of commencement, on publication on LW, sec 2. | |
(30) | Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment (Construction Certificates) Regulation 2023. LW 3.2.2023. Date of commencement, on publication on LW, sec 2. | |
(71) | Planning Legislation Amendment (National Construction Code) Regulation 2023. LW 24.2.2023. Date of commencement, 1.5.2023, sec 2. | |
(512) | Environmental Planning and Assessment Amendment (Estimated Development Cost) Regulation 2023. LW 15.9.2023. Date of commencement, 4.3.2024, sec 2. | |
(547) | Environmental Planning and Assessment Legislation Amendment (Housing and Productivity Contributions) Regulation 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(662) | Environmental Planning and Assessment Amendment (Housing) Regulation 2023. LW 14.12.2023. Date of commencement, on publication on LW, sec 2. | |
No 72 | Environmental Planning and Assessment Amendment (Certification) Act 2024. Assented to 23.10.2024. Date of commencement, assent, sec 2. | |
(17) | Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment Regulation 2025. LW 31.1.2025. Date of commencement, 13.2.2025, sec 2. | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 3, assent, sec 2(e). | |
(587) | Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment (Building Sustainability Index Certificates) Regulation 2025. LW 31.10.2025. Date of commencement, on publication on LW, sec 2. |
Sec 10A | Ins 2022 (520), Sch 1[1] (am 2023 (531), Sch 1[1]). |
Sec 10B | Ins 2022 (520), Sch 1[1] (am 2023 (531), Sch 1[2]–[4]). |
Sec 15 | Am 2022 (40), Sch 2[1]; 2022 (520), Sch 1[2]; 2023 (662), Sch 2[1]. |
Sec 18 | Am 2022 (788), Sch 1[1] [2]; 2023 (71), Sch 1.4[1] [2]. |
Sec 19 | Am 2023 (30), Sch 1[1]–[3]. |
Sec 23 | Am 2022 (788), Sch 1[3]; 2023 (30), Sch 1[4]; 2025 (17), Sch 1[1]. |
Sec 24 | Am 2023 (30), Sch 1[5]. |
Sec 25 | Am 2022 (788), Sch 1[4]. |
Sec 26 | Am 2023 (71), Sch 1.4[3]–[6]. Subst 2022 (788), Sch 1[5]. Am 2025 No 48, Sch 3.5[1]. |
Sec 27 | Am 2022 (788), Sch 1[6]; 2025 No 48, Sch 3.5[1]. |
Sec 28 | Am 2022 (788), Sch 1[7]–[10]; 2025 No 48, Sch 3.5[1]. |
Sec 37 | Am 2023 (512), Sch 2[1]; 2023 (547), Sch 2[1][2]. |
Sec 39 | Am 2023 (71), Sch 1.4[7]. |
Sec 40 | Am 2022 (40), Sch 2[2]; 2022 (788), Sch 1[11]. |
Sec 43 | Am 2022 (40), Sch 2[1]; 2022 (520), Sch 1[3]; 2023 (662), Sch 2[1]. |
Sec 46 | Am 2023 (512), Sch 2[1]; 2023 (547), Sch 2[3][4]. |
Sec 49 | Am 2022 (788), Sch 1[12]. |
Sec 50 | Am 2022 (788), Sch 1[13]–[15]; 2025 (17), Sch 1[2]; 2025 No 48, Sch 3.5[1]. |
Sec 51 | Am 2022 (788), Sch 1[16] [17]; 2025 (17), Sch 1[3] [4]; 2025 No 48, Sch 3.5[1]. |
Sec 53A | Ins 2024 No 72, Sch 2.2. |
Sec 54 | Am 2025 (17), Sch 1[5] [6]. |
Sec 59A | Ins 2022 (520), Sch 1[3A] (ins 2023 (531), Sch 1[5]). |
Sec 62 | Am 2022 (40), Sch 2[3]. |
Sec 64 | Am 2023 (71), Sch 1.4[8]. |
Sec 71 | Am 2022 (520), Sch 1[4][5]; 2025 (587), Sch 1. |
Sec 74 | Am 2022 (40), Sch 2[4]; 2025 (17), Sch 1[7]. |
Sec 76A | Ins 2025 (17), Sch 1[8]. |
Sec 78 | Am 2022 (788), Sch 1[18] [19]; 2025 (17), Sch 1[9]–[11]. |
Sec 79 | Am 2025 (17), Sch 1[12] [13]. |
Sec 80 | Am 2022 (788), Sch 1[20]; 2025 (17), Sch 1[14]–[19]. |
Sec 80A | Ins 2022 (788), Sch 1[21]. Am 2025 (17), Sch 1[20] [21]. |
Sec 81A | Ins 2022 (788), Sch 1[22]. Am 2025 (17), Sch 1[22]. |
Sec 83 | Am 2022 (788), Sch 1[23]–[25]; 2025 (17), Sch 1[23]. |
Sec 84 | Am 2022 (788), Sch 1[26]–[29]; 2025 (17), Sch 1[24]. |
Sec 85 | Am 2022 (788), Sch 1[30]–[33]. |
Sec 86 | Am 2022 (788), Sch 1[34] [35]; 2025 (17), Sch 1[25]. |
Sec 89 | Am 2022 (790), sec 4. |
Sec 92 | Am 2022 (788), Sch 1[36]. |
Sec 99 | Am 2022 (788), Sch 1[37]. |
Part 13A, heading | Am 2022 (591), Sch 1[1]. |
Part 13A | Ins 2021 (759), Sch 9[1]. |
Part 13A, Div 1, heading | Ins 2022 (591), Sch 1[2]. |
Sec 102A | Ins 2021 (759), Sch 9[1]. |
Part 13A, Div 2, heading | Ins 2022 (591), Sch 1[3]. |
Sec 102B | Ins 2021 (759), Sch 9[1]. Am 2022 (40), Sch 2[5] [6]. Subst 2022 (591), Sch 1[4]. |
Part 13A, Div 3, heading | Ins 2022 (591), Sch 1[5]. |
Sec 102C | Ins 2021 (759), Sch 9[1]. |
Sec 102D | Ins 2021 (759), Sch 9[1]. |
Sec 102E | Ins 2021 (759), Sch 9[1]. |
Sec 102F | Ins 2021 (759), Sch 9[1]. |
Sec 108 | Am 2022 (40), Sch 2[7]. |
Sec 111 | Am 2022 (40), Sch 2[8]. |
Sec 113 | Subst 2021 (759), Sch 9[2]. |
Sec 115 | Am 2022 (40), Sch 2[8]. |
Sec 117 | Am 2022 (788), Sch 1[38] [39]. |
Sec 121 | Am 2022 (702), Sch 2.2[1]. |
Sch 1 | Am 2021 (759), Sch 9[3] [4]; 2022 (40), Sch 2[9] [10]; 2022 (702), Sch 2.2[2]; 2022 (788), Sch 1[40]–[42]. |
Sch 1A | Ins 2022 (788), Sch 1[43]. Am 2021 (689), Sch 1A, sec 5(4); 2022 (520), Sch 1A[5A](ins 2023 (531), Sch 1[6]) [5B] (ins 2023 (531), Sch 1[6]); 2022 (788), Sch 1[44]; 2023 (30), Sch 1[6]; 2023 (71), Sch 1.4[9]; 2025 (17), Sch 1[26]. |
Sch 2 | Am 2021 (759), Sch 9[5]–[7]; 2022 (40), Sch 2[11]; 2022 (520), Sch 1[6] (am 2023 (531), Sch 1[7]); 2022 (788), Sch 1[45]–[47]; 2023 (71), Sch 1.4[10] [11]; 2023 (512), Sch 2[2] [3]; 2023 (547), Sch 2[5]; 2023 (662), Sch 2[2]; 2025 (17), Sch 1[27] [28]; 2025 No 48, Sch 3.5[2]. |
Sch 3 | Rep 2022 (40), Sch 2[12]. |
Sch 4 | Rep 2022 (40), Sch 2[12]. |
For the purposes of comparison, this table shows certain provisions of the Environmental Planning and Assessment Regulation 2000, as in force immediately before the commencement of this Regulation, and the corresponding provisions of this Regulation—
Old provision | New provision |
cl 103 | s 57 |
cl 103A | s 58 |
cl 104 | s 59 |
cl 138 | ss 4, 5 |
cl 138A | s 6 |
cl 139 | s 7 |
cl 139A | s 11 |
cl 140 | s 12 |
cl 142 | s 13 |
cl 142A | s 119 |
cl 143 | s 14 |
cl 143A | s 15 |
cl 143B | s 16 |
cl 143C | s 17 |
cl 144 | ss 25–29 |
cl 144A | s 18 |
cl 145 | s 19 |
cl 146 | s 20 |
cl 146A | s 21 |
cl 146B | s 22 |
cl 147 | s 23 |
cl 148 | s 24 |
cl 148A | s 30 |
cl 148B | s 31 |
cl 148C | s 32 |
cl 148E | s 33 |
cl 148F | s 34 |
cl 148G | s 34 |
cl 148H | s 35 |
cl 148I | s 36 |
cl 148J | s 119 |
cl 149 | s 37 |
cl 149A | s 38 |
cl 151 | s 39 |
cl 151A | s 119 |
cl 152 | s 50 |
cl 152A | s 51 |
cl 152B | s 40 |
cl 153 | s 41 |
cl 154 | s 42 |
cl 154A | s 43 |
cl 154B | s 44 |
cl 154C | s 45 |
cl 154D | s 47 |
cl 154E | s 48 |
cl 154F | s 46 |
cl 155 | s 49 |
cl 156 | s 52 |
cl 156A | s 53 |
cl 157 | s 54 |
cl 158 | s 55 |
cl 160 | s 56 |
cl 160B | s 119 |
cl 161 | s 73 |
cl 161A | s 66 |
cl 161B | s 67 |
cl 162 | s 68 |
cl 162AA | s 69 |
cl 162A | s 61 |
cl 162AB | s 62 |
cl 162B | s 63 |
cl 162C | s 64 |
cl 162D | s 60 |
cl 163 | s 65 |
cl 164 | s 118 |
cl 164A | s 71 |
cl 164B | s 74 |
cl 166 | s 79 |
cl 168 | ss 78, 79 |
cl 169 | s 80 |
cl 170 | s 83 |
cl 171 | s 84 |
cl 172 | s 85 |
cl 173 | s 83 |
cl 174 | s 86 |
cl 175 | s 88 |
cl 176 | s 88 |
cl 177 | s 89 |
cl 178 | s 90 |
cl 179 | s 90 |
cl 180 | s 91 |
cl 181 | s 92 |
cl 182 | s 81 |
cl 183 | s 108 |
cl 184 | ss 108, 109 |
cl 185 | s 109 |
cl 186 | ss 108, 109 |
cl 186A | ss 95, 96, 97 |
cl 186AA | s 98 |
cl 186B | s 99 |
cl 186C | s 100 |
cl 186D | s 101 |
cl 186E | s 102 |
cl 186S | ss 103, 104 |
cl 186T | s 105 |
cl 186U | s 106 |
cl 187 | ss 115–117 |
cl 188 | s 111 |
cl 189 | s 112 |
cl 190A | s 113 |
cl 190B | s 114 |
cl 224 | ss 19, 120 |
cl 226 | s 121 |
cl 227A | s 75 |
cl 262B | s 72 |
cl 267A | s 70 |
cl 268A | s 76 |
cl 284 | Sch 1 |
cl 295 | s 122 |
Sch 1, cl 6 | ss 8, 9, 10 |
Sch 1, cl 6A | s 10 |
Sch 1, cl 6AB | s 30 |
Sch 1, cl 7 | s 8 |
Sch 5 | Sch 1 |
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