Schedule 2 Amendment of regulations
(Section 4)
2.1 Environmental Planning and Assessment Regulation 2000
[1] Clause 51 Rejection of development applications
Omit clause 51 (1). Insert instead:(1) A consent authority may reject a development application within 7 days after receiving it if:(a) the application is illegible or unclear as to the development consent sought, or(b) the application does not contain any information, or is not accompanied by any document, specified in Part 1 of Schedule 1.
[2] Part 6, Division 8A, heading
Insert before clause 98:Division 8A Prescribed conditions of development consent
[3] Clause 98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
Insert “before any building work authorised to be carried out by the consent commences” after “is in force” in clause 98 (1) (b).
Insert after clause 98:(1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:(a) showing the name, address and telephone number of the principal certifying authority for the work, and(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and(c) stating that unauthorised entry to the work site is prohibited.(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.(5) This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.Note. Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).98B Notification of Home Building Act 1989 requirements
(1) For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989.(2) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:(a) in the case of work for which a principal contractor is required to be appointed:(i) the name and licence number of the principal contractor, and(ii) the name of the insurer by which the work is insured under Part 6 of that Act,(b) in the case of work to be done by an owner-builder:(i) the name of the owner-builder, and(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.(3) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.(4) This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.
[5] Clause 100 Notice of determination—what is the form of the notice?
Omit clause 100 (1) (g). Insert instead:(g) if the development involves a building but does not require a construction certificate for the development to be carried out, the class of the building under the Building Code of Australia,
Insert after clause 100 (2):(3) A notice of determination of a grant of development consent must include a copy of any relevant plans endorsed by the consent authority.
[7] Clause 103 Notice under section 81A of the Act of appointment of principal certifying authority
Omit “(2) (b) (ii) or (4) (b) (ii)”. Insert instead “(2) (b1) (i) or (4) (b1) (i)”.
Omit the paragraph.
Insert “, and of the person by whom the principal certifying authority was appointed” after “authority”.
Insert at the end of clause 103 (f) (iii):and
(iv) a telephone number on which he or she may be contacted for business purposes,
Insert after clause 103:103A Notice under section 81A of the Act of critical stage inspections
A notice given under section 81A (2) (b1) (ii) of the Act must contain the following information:(a) the name and accreditation number of the principal certifying authority by whom the notice is given,(b) a telephone number on which the principal certifying authority can be contacted for business purposes,(c) the registered numbers of the development consent and of the construction certificate,(d) a description of the work to be carried out,(e) the address of the land at which the work is to be carried out,(f) a list of the critical stage inspections and other inspections required to be carried out in respect of the work.
[12] Clause 122 Notice of determination of application to modify development consent
Insert after clause 122 (1):(1A) A notice of determination of an application granted for the modification of a development consent must include a copy of any relevant plans endorsed by the consent authority.
[13] Clause 130 Procedure for determining application for complying development certificate
Omit “7 days” from clause 130 (4). Insert instead “2 days”.
[14] Clause 134 Form of complying development certificate
Insert after clause 134 (2):(2A) A complying development certificate for any development must include a copy of any relevant plans endorsed by the consent authority.
[15] Clause 135 Notice under section 86 of the Act of appointment of principal certifying authority
Omit “(1) (a) (ii) or (2) (a) (ii)”. Insert instead “(1) (a1) (i) or (2) (a1)”.
Omit the paragraph.
Insert “, and of the person by whom the principal certifying authority was appointed” after “authority”.
Insert at the end of clause 135 (f) (iii):and
(iv) a telephone number on which he or she may be contacted for business purposes,
Insert after clause 135:135A Notice under section 86 of the Act of critical stage inspections
A notice given under section 86 (1) (a1) (ii) of the Act must contain the following information:(a) the name and address of the principal certifying authority by whom the notice is given,(b) a telephone number on which the principal certifying authority can be contacted for business purposes,(c) the registered number of the complying development certificate,(d) a description of the work to be carried out,(e) the address of the land at which the work is to be carried out,(f) a list of the critical stage inspections and other inspections required to be carried out in respect of the work.
[20] Part 7, Division 2A, heading
Insert after clause 136:Division 2A Conditions of complying development certificate
Renumber existing clause 133 as clause 136A, and transfer to Division 2A of Part 7 after the heading to that Division (as inserted by item [20]).
[22] Clause 136A (as renumbered) Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
Insert “and be in force before any building work authorised to be carried out by the certificate commences” after “be entered into” in clause 136A (1) (b).
Insert after clause 136A (as transferred in accordance with item [21]):(1) A complying development certificate for development that involves any building work, subdivision work or demolition work must be issued subject to a condition that the requirements of subclauses (2) and (3) are complied with.(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:(a) showing the name, address and telephone number of the principal certifying authority for the work, and(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and(c) stating that unauthorised entry to the site is prohibited.(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building, that does not affect the external walls of the building.(5) This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.Note. Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).136C Notification of Home Building Act 1989 requirements
(1) A complying development certificate for development that involves any residential building work within the meaning of the Home Building Act 1989 must be issued subject to a condition that the work is carried out in accordance with the requirements of this clause.(2) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:(a) in the case of work for which a principal contractor is required to be appointed:(i) the name and licence number of the principal contractor, and(ii) the name of the insurer by which the work is insured under Part 6 of that Act,(b) in the case of work to be done by an owner-builder:(i) the name of the owner-builder, and(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.(3) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.(4) This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.
[24] Clause 138 Compliance certificates
Insert “, and formal particulars of title,” after “address” in clause 138 (1) (e).
Omit “7 days”. Insert instead “2 days”.
Insert after clause 139:139A Withdrawal of application for construction certificate
(1) An application for a construction certificate may be withdrawn at any time prior to its determination by service on the certifying authority to which it was made of a notice to that effect signed by the applicant.(2) The certifying authority may (but is not required to) refund to the applicant the whole or any part of the application fee paid in connection with an application that has been withdrawn.
[27] Clause 142 Procedure for determining application for construction certificate
Omit “7 days” from clause 142 (2). Insert instead “2 days”.
[28] Clause 147 Form of construction certificate
Insert after clause 147 (1) (e):(f) the classification (in accordance with the Building Code of Australia) of the building to which the certificate relates.
Insert after clause 147 (1):(1A) A construction certificate may indicate different classifications for different parts of the same building.
[30] Clause 148 Modification of construction certificate
Insert after clause 148 (2):(3) As soon as practicable after granting an application to modify development in respect of which an application for a construction certificate has previously been referred to the Fire Commissioner under clause 144, but for which (in its modified form) an application for a construction certificate for a building would no longer be required to be so referred, a certifying authority must notify the Fire Commissioner that the building to which the construction certificate relates is no longer a building to which clause 144 applies.
[31] Clause 151 Procedure for determining application for occupation certificate
Omit “7 days” from clause 151 (2). Insert instead “2 days”.
[32] Clause 156 Occupation and use of new buildings: section 109M (2)
Insert “, the construction certificate or complying development certificate for which was issued before the commencement of Schedule 2.1 [32] to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003” after “class 10 building” in clause 156 (1).
[33] Clause 160 Procedure for determining application for subdivision certificate
Omit “7 days” from clause 160 (2). Insert instead “2 days”.
Omit the clause. Insert instead:162 Notice of replacement of principal certifying authority
(1) A principal certifying authority appointed to replace another principal certifying authority must ensure that notice of the appointment and of the approval of that appointment is given to the consent authority (and, if the consent authority is not the council, to the council) within 2 days of the appointment.(2) Nothing in this clause requires any notice to be given to a council that approved the new appointment.
Insert after clause 162:162A Critical stage inspections required by section 109E (3) (d)
(1) For the purposes of section 109E (3) (d) of the Act, the occasions on which building work must be inspected are as set out in this clause.Note. These inspections are the critical stage inspections.(2) Except as provided by subclause (3), the critical stage inspections may be carried out by the principal certifying authority or, if the principal certifying authority agrees, by another certifying authority.(3) The last critical stage inspection required to be carried out for the class of building concerned must be carried out by the principal certifying authority.(4) In the case of a class 1 or 10 building, the development site must be inspected:(a) at the commencement of the building work, and(b) after excavation for, and prior to the placement of, any footings, and(c) prior to pouring any in-situ reinforced concrete building element, and(d) prior to covering of the framework for any floor, wall, roof or other building element, and(e) prior to covering waterproofing in any wet areas, and(f) prior to covering any stormwater drainage connections, and(g) after the building work has been completed and prior to any occupation certificate being issued in relation to the building.(5) In the case of a class 2, 3 or 4 building, the development site must be inspected:(a) at the commencement of the building work, and(b) prior to covering of waterproofing in any wet areas, for a minimum of 10% of rooms with wet areas within a building, and(c) prior to covering any stormwater drainage connections, and(d) after the building work has been completed and prior to any occupation certificate being issued in relation to the building.(6) In the case of a class 5, 6, 7, 8 or 9 building, the development site must be inspected:(a) at the commencement of the building work, and(b) prior to covering any stormwater drainage connections, and(c) after the building work has been completed and prior to any occupation certificate being issued in relation to the building.162B Record of inspections conducted under section 109E (3)
(1) A principal certifying authority and each other certifying authority must make a record of each critical stage inspection carried out by the principal certifying authority or other certifying authority.(2) Any certifying authority who is required to make such a record but is not the principal certifying authority for the work concerned must forthwith provide a copy of the record to the principal certifying authority for the work.Note. Copies of these records must be kept for at least 15 years (see clause 205).(3) Each record of an inspection required by this clause must be made as soon as practicable after the inspection is carried out.(4) The record must include details of:(a) the registered number of the development application and of the construction certificate or complying development certificate, and(b) the address of the property at which the inspection was carried out, and(c) the type of inspection, and(d) the date on which it was carried out, and(e) the name and accreditation number of the certifying authority by whom the inspection was carried out, and(f) whether or not the inspection was satisfactory in the opinion of the certifying authority who carried it out.
Omit the clause. Insert instead:163 Notice to allow inspections
To allow a principal certifying authority or another certifying authority time to carry out critical stage inspections or any other inspections required by the principal certifying authority, the principal contractor for a building site, or the owner-builder, must notify the principal certifying authority at least 48 hours before building work is commenced at the site if a critical stage inspection is required before the commencement of the work.
[37] Clause 170 What is a final fire safety certificate?
Insert “or on behalf of” before “the owner”.
[38] Clause 175 What is an annual fire safety statement?
Insert “or on behalf of” before “the owner”.
[39] Clause 200 Accreditation bodies’ registers
Insert after clause 200 (2) (a):(a1) a telephone number or telephone numbers for contacting the person for business purposes,
[40] Clause 201 Other documents to be kept by accreditation bodies
Omit “clause 205 (3)” from clause 201 (1) (e).Insert instead “clause 205 (4)”.
[41] Clause 202 Central register
Insert after clause 202 (2) (a):(a1) a telephone number or telephone numbers for contacting the person for business purposes,
[42] Clause 205 Record keeping by accredited certifiers
Insert after clause 205 (1) (f):(g) any record of a critical stage inspection required to be made by the accredited certifier,(h) if the accredited certifier is a principal certifying authority, any copy of a record of a critical stage inspection provided to the principal certifying authority by another certifying authority.
Insert “or, in the case of a record of a critical stage inspection, from the time of the inspection” after “issued”.
Insert after clause 227:Part 13A Supplementary provisions for development requiring consent
227A Signs on development sites
(1) This clause applies if there is a person who is the principal certifying authority or the principal contractor for any building work, subdivision work or demolition work authorised to be carried out on a site by a development consent or complying development certificate.(2) Each such person must ensure that a rigid and durable sign showing the person’s identifying particulars so that they can be read easily by anyone in any public road or other public place adjacent to the site:(a) is erected in a prominent position on the site before the commencement of the work, and(b) is maintained on the site at all times while this clause applies until the work has been carried out.Maximum penalty: 10 penalty units.
(3) In this clause, the identifying particulars for a person means:(a) the name, address and telephone number of the person, and(b) in the case of a principal contractor, a telephone number on which the principal contractor may be contacted at any time for business purposes.(4) Nothing in this clause requires the erection of more than one sign on a site or prevents the use of an appropriate sign that has already been erected on a site.Note. See clauses 98A and 136B which require such a sign on a site as a condition of development consent or complying development certificate.
Insert “if consent has already been granted for the proposed development,” at the end of clause 5 (e).
2.2 Environmental Planning and Assessment (Savings and Transitional) Regulation 1998
Clause 51 Application of sections 93 and 732 to matters arising under amended EP&A Act 1979
Omit the clause.