State Environmental Planning Policy (Building Sustainability Index: BASIX) Amendment Policy 2006 (2006-605) [GG No 120 of 29.9.2006, p 8510] (NSW)
2006 No 605
| New South Wales |
State Environmental Planning Policy
(Building Sustainability Index: BASIX)
Amendment Policy 2006
under the
Environmental Planning and Assessment Act 1979
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979 in accordance with the recommendation made by the Minister for Planning.
FRANK SARTOR, M.P.,
Minister for Planning
| Published in Gazette No 120 of 29 September 2006, page 8510 | Page 1 |
| 2006 No 605 | State Environmental Planning Policy (Building Sustainability Index: BASIX) |
| Clause 1 | Amendment Policy 2006 |
State Environmental Planning Policy (Building
Sustainability Index: BASIX) Amendment Policy 2006
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Building
Sustainability Index: BASIX) Amendment Policy 2006.
2 Commencement
This Policy commences on 1 October 2006.
3 Aim of Policy
|
| (a) | to reflect the extension of the BASIX certification scheme by the Environmental Planning and Assessment Further Amendment (Building Sustainability: BASIX) Regulation 2006, and |
| (b) | to provide that competing provisions of environmental planning instruments and development control plans do not apply to BASIX commitments arising from optional compliance (that is, to proposed development in relation to which a BASIX certificate accompanied a development application, or an application for a complying development certificate, despite the fact that the regulations under the Act did not require a BASIX certificate). |
| State Environmental Planning Policy (Building Sustainability Index: BASIX) | 2006 No 605 |
| Amendment Policy 2006 | Clause 4 |
4 Land to which Policy applies
This Policy applies to the whole of the State, including Lord
Howe Island.
5 Amendment of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
State Environmental Planning Policy (Building Sustainability Index:
BASIX) 2004 is amended as set out in Schedule 1.
| 2006 No 605 | State Environmental Planning Policy (Building Sustainability Index: BASIX) Amendment Policy 2006 |
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 5)
[1] Clause 4 Definitions
Insert in alphabetical order in clause 4 (1):
BASIX affected development has the same meaning as it has in the Environmental Planning and Assessment Regulation 2000. BASIX optional development has the same meaning as it has in the Environmental Planning and Assessment Regulation 2000.
[2] Clause 6
Omit the clause. Insert instead:
6 Buildings to which Policy applies
|
| (a) | proposed BASIX affected development for which the regulations under the Act require a BASIX certificate to accompany a development application or an application for a complying development certificate or construction certificate, |
| (b) | proposed BASIX optional development in relation to which a BASIX certificate accompanied a development application or an application for a complying development certificate, despite the fact that the regulations under the Act did not require a BASIX certificate, |
| (c) | BASIX affected development and BASIX optional development the subject of a development consent, complying development certificate or construction certificate that, pursuant to the regulations under the Act, is subject to a BASIX commitment. |
| (2) | This Policy also applies to buildings that become BASIX affected buildings because of development of the kind referred to in subclause (1). |
| State Environmental Planning Policy (Building Sustainability Index: BASIX) | 2006 No 605 |
| Amendment Policy 2006 |
| Amendments | Schedule 1 |
[3] Clauses 8–10
Omit the clauses. Insert instead:
8 Other environmental planning instruments do not apply to BASIX commitments
(1) The competing provisions of an environmental planning instrument, whenever made, are of no effect to the extent to which they aim:
| (a) | to reduce consumption of mains-supplied potable water, or reduce emissions of greenhouse gases, in the use of a building to which this Policy applies or in the use of the land on which such a building is situated, or |
| (b) | to improve the thermal performance of a building to which this Policy applies. |
Note. See, for example, the energy efficiency requirements set out in Schedules 4 and 5 to State Environmental Planning Policy No 60— Exempt and Complying Development.
| (2) | If the development concerned involves: | |||||
| ||||||
| subclause (1) does not displace the competing provisions to the extent to which they apply to the part of the building that is intended to be used for non-residential purposes. |
9 Development control plans do not apply to BASIX commitments
|
| (a) | to reduce consumption of mains-supplied potable water, or reduce emissions of greenhouse gases, in the use of a building to which this Policy applies or in the use of the land on which such a building is situated, or |
| (b) | to improve the thermal performance of a building to which this Policy applies. |
| 2006 No 605 | State Environmental Planning Policy (Building Sustainability Index: BASIX) Amendment Policy 2006 |
| Schedule 1 | Amendments |
| (2) | If the development concerned involves: | |||||
| ||||||
| subclause (1) does not displace the competing provisions to the extent to which they apply to the part of the building that is intended to be used for non-residential purposes. |
10 Provisions providing for exceptions to development standards do not allow departures from BASIX commitments
State Environmental Planning Policy No 1—Development Standards, as adopted by any environmental planning instrument, does not apply to a development standard that arises, under the regulations under the Act, in connection with a BASIX commitment for a building to which this Policy applies or for the land on which such a building is situated.
BY AUTHORITY
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