1 Name of Regulation
2 Commencement
3 Definitions
4 What is designated development?
5 What is advertised development?
6 When is public notice given?
7 Building Code of Australia
8 Notes
Part 2 Local environmental plans
Division 1 Notice to Director-General
9 Notice to Director-General
Division 2 Consultation and concurrence with other authorities
10 What documents must be given to other public authorities?
11 Public authorities must concur to proposed reservation of land
Division 3 Public participation
12 What public notice is required for an environmental study and draft local environmental plan?
13 For how long must an environmental study and draft local environmental plan be exhibited?
14 How is notice of a public hearing to be given?
15 Recovery of cost of environmental study
Part 3 Development control plans
Division 1 Preparation of development control plans by councils
16 In what form must a development control plan be prepared?
17 For what matters may a development control plan provide?
17A Where specific consultation is required
Division 2 Public participation
18 Draft development control plan must be publicly exhibited
19 Copies of draft development control plans to be publicly available
20 Who may make submissions about a draft development control plan?
Division 3 Approval of development control plans
21 Approval of development control plans
21A Approval of development control plans relating to residential flat development
Division 4 Amendment and repeal of development control plans
22 How may a development control plan be amended or repealed?
23 Procedure for repealing a development control plan by public notice
Division 5 Development control plans made by the Director-General
24 Application of Part to development control plans made by the Director-General
25 Copies of development control plans to be publicly available
Division 1 Preparation of contributions plans
26 In what form must a contributions plan be prepared?
27 What particulars must a contributions plan contain?
Division 2 Public participation
28 Draft contributions plan must be publicly exhibited
29 Copies of draft contributions plans to be publicly available
30 Who may make submissions about a draft contributions plan?
Division 3 Approval of contributions plans
31 Approval of contributions plan by council
Division 4 Amendment and repeal of contributions plans
32 How may a contributions plan be amended or repealed?
33 Procedure for repealing a contributions plan by public notice
34 Councils must maintain contributions register
35 Accounting for monetary section 94 contributions
36 Councils must prepare annual statements
37 Councils must keep certain records available for public inspection
38 Copies of contributions plans to be publicly available
39 Definitions
40 Object of Part
41 Certain development allowed
42 Development consent required for enlargement, expansion and intensification of existing uses
43 Development consent required for alteration or extension of buildings and works
44 Development consent required for rebuilding of buildings and works
45 Development consent required for changes of existing uses
46 Uses may be changed at the same time as they are altered, extended, enlarged or rebuilt
Part 6 Procedures relating to development applications
Division 1 Development applications generally
47 Application of Part
48 Consent authority to provide development application forms to intending applicants
49 Who can make a development application?
50 How must a development application be made?
51 Rejection of development applications
52 Withdrawal of development applications
53 Consent authority may require additional copies of development application and supporting documents
54 Consent authority may request additional information
55 What is the procedure for amending a development application?
56 Extracts of development applications to be publicly available
57 Copyright in documents forming part of or accompanying development applications—applicant’s indemnification
Division 2 Development applications for development requiring concurrence
58 Application of Division
59 Seeking concurrence
60 Concurrence authority may require additional information
61 Forwarding of submissions to concurrence authorities
62 Notification of decision
63 Reasons for granting or refusal of concurrence
64 Circumstances in which concurrence may be assumed
Division 3 Development applications for integrated development
65 Application of Division
66 Seeking general terms of approval
67 Approval body may require additional information
68 Consent authority to be notified of proposed consultations under National Parks and Wildlife Act 1974
69 Forwarding of submissions to approval bodies
70 Notification of general terms of approval
Division 4 Environmental impact statements
71 What is the form for an environmental impact statement?
72 What must an environmental impact statement contain?
73 Requirements of Director-General and approval bodies concerning preparation of environmental impact statements
74 Consent authority may require additional copies of environmental impact statement
75 Consent authority may sell copies of environmental impact statement to the public
76 Documents adopted or referred to by environmental impact statement
Division 5 Public participation—designated development
77 Notice of application for designated development to public authorities (other than concurrence authorities and approval bodies)
78 What information must a written notice of designated development contain?
79 How is the notice under section 79 (1) (c) of the Act exhibited on land for designated development?
80 How is the notice under section 79 (1) (d) published for designated development?
81 Forwarding of submissions to Director-General
Division 6 Public participation—State significant advertised development
82 Application of section 79 of the Act relating to designated development
83 What must a written notice under section 79 (1) (b) of the Act contain?
84 How is the notice under section 79 (1) (c) of the Act to be exhibited on land?
85 How is the notice published under section 79 (1) (d) of the Act published?
Division 7 Public participation—other advertised development
86 Application of Division
87 How must a development application be publicly notified?
88 Who must written notice be given to?
89 What information must be contained in a written notice and a published notice?
90 Circumstances in which notice requirements may be dispensed with
91 Public notification of development application and accompanying information
Division 8 Determination of development applications
92 What additional matters must a consent authority take into consideration in determining a development application?
92A Preliminary planning: sections 79C (1) (a) (iv) and 80 (11) of the Act
93 Fire safety considerations
94 Consent authority may require buildings to be upgraded
95 Deferred commencement consent
96 Imposition of conditions—ancillary aspects of development
97 Modification or surrender of development consent or existing use right
98 Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989
99 Public inquiries
Division 10 Post-determination notifications
100 Notice of determination—what is the form of the notice?
101 What additional particulars must be included in a notice of determination to the applicant with respect to section 94 conditions?
102 How soon must a notice of determination be sent?
103 Notice under section 81A of the Act of appointment of principal certifying authority
104 Notice under section 81A of the Act of intention to commence subdivision work or erection of building
105 Notice under section 91A (6) or section 92 (7) of the Act to approval bodies of determination of development application for integrated development
Division 11 Time within which development application procedures to be completed
106 Definitions
107 First 2 days after development application is lodged
108 Days prior to referral of application to other bodies to be disregarded
109 Days occurring while consent authority’s request for additional information remains unanswered
110 Days occurring while concurrence authority’s or approval body’s request for additional information remains unanswered
111 Days occurring during consultation under National Parks and Wildlife Act 1974
112 Consent authority to notify applicant that time has ceased to run
113 When is an application taken to be refused?
Division 12 Development consents—extension, completion and modification
114 What is the form for an application for extension of a development consent?
115 What are the requirements for an application for modification of a development consent?
116 Applications for modification of development consents granted by the Land and Environment Court or the Minister
117 Public participation—application under section 96 (1A) for modification of development consents
118 Public participation—application under section 96 (2) of the Act for modification of certain development consents
119 Public participation—application under section 96 (2) for modification of other development consents
120 Notification of concurrence authorities and approval bodies
121 Applications for modifications of development consents to be kept available for public inspection
122 Notice of determination of application to modify development consent
123 Persons to be informed of proposed revocation or modification of consent under section 96A (3) of the Act
Division 13 Validity of development consents
124 What are the public notification procedures for the purposes of section 101 of the Act?
Part 7 Procedures relating to complying development certificates
Division 1 Applications for complying development certificates
125 Application of Part
126 How must an application for a complying development certificate be made?
127 Council or accredited certifier may require additional information
128 Council or accredited certifier to supply application form for complying development certificates
129 Copyright in documents forming part of or accompanying applications for complying development certificates—applicant’s indemnification
Division 2 Determination of applications and commencement of complying development
130 Procedure for determining application for complying development certificate
131 Development standards for building work associated with a change of building use
132 Development standards for building work involving the alteration, enlargement or extension of an existing building
133 Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989
134 Form of complying development certificate
135 Notice under section 86 of the Act of appointment of principal certifying authority
136 Notice under section 86 of the Act of intention to commence subdivision work or erection of building
Division 3 Validity of complying development certificates
137 What are the public notification procedures for the purposes of section 101 of the Act?
Part 8 Certification of development
Division 1 Compliance certificates
138 Compliance certificates
Division 2 Construction certificates
139 How must an application for a construction certificate be made?
140 Certifying authority may require additional information
141 Certifying authority to supply application form for construction certificates
142 Procedure for determining application for construction certificate
143 Fire protection and structural capacity
143A Special requirements for construction certificates for residential flat development
144 Referral of certain plans and specifications to New South Wales Fire Brigades
145 Compliance with development consent and Building Code of Australia
146 Compliance with conditions of development consent
147 Form of construction certificate
148 Modification of construction certificate
Division 3 Occupation certificates
149 Applications for occupation certificates
150 Certifying authorities to supply application form for occupation certificates
151 Procedure for determining application for occupation certificate
152 Reports of Fire Commissioner: section 109H
153 Fire safety certificates: section 109H
154 Health and safety: section 109H
154A Special requirements for occupation certificates for residential flat development
155 Form of occupation certificate
156 Occupation and use of new buildings: section 109M (2)
Division 4 Subdivision certificates
157 Applications for subdivision certificates
158 Certifying authority may require additional information
159 Certifying authorities to supply application form for subdivision certificates
160 Procedure for determining application for subdivision certificate
160A Prescribed persons: subdivision certificates
161 Certifying authorities may be satisfied as to certain matters: section 109O
162 Consent authority to be notified of replacement principal certifying authority
163 Notice to allow inspection
164 No need for duplicate notices
Part 9 Fire safety and matters concerning the Building Code of Australia
165 Definitions
166 Statutory fire safety measures
167 Application of Part
Division 2 Fire safety schedules
168 Fire safety schedules
168A Conversion of fire alarm communication links
169 Fire safety schedules and fire safety certificates
Division 4 Fire safety certificates
170 What is a final fire safety certificate?
171 Issue of final fire safety certificates
172 Final fire safety certificate to be given to Fire Commissioner and prominently displayed in building
173 What is an interim fire safety certificate?
174 Form of fire safety certificates
Division 5 Fire safety statements
175 What is an annual fire safety statement?
176 Issue of annual fire safety statements
177 Annual fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
178 What is a supplementary fire safety statement?
179 Issue of supplementary fire safety statements
180 Supplementary fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
181 Form of fire safety statements
Division 6 Fire safety maintenance
182 Essential fire safety measures to be maintained
Division 7 Miscellaneous fire safety offences
183 Fire safety notices
184 Fire exits
185 Doors relating to fire exits
186 Paths of travel to fire exits
187 Modification and supplementation of Building Code of Australia standards
188 Exemption from fire safety standards
189 Prescribed matters for inspection by NSW Fire Brigades: section 118L (1) (b) of the Act
190 Offences relating to certain Crown property
Part 10 Accreditation bodies and accredited certifiers
Division 1 Accreditation bodies
191 Definition
192 Application for authorisation
193 Public notice of applications
194 Matters to be demonstrated by proposed accreditation body
195 Authorisations
196 Variation of authorisations
197 Withdrawal of authorisations
198 Ministerial guidelines
199 Savings and transitional provisions where authorisation ceases
Division 2 Registers and records
200 Accreditation bodies’ registers
201 Other documents to be kept by accreditation bodies
202 Central register
203 Annual reports
Division 3 Accredited certifiers
204 Grounds for refusing, withdrawing or suspending accreditation: section 109T (2) (c)
205 Record keeping by accredited certifiers
206 Definitions
Division 2 Automatic run-off contracts
207 Required insurance: section 109ZN
208 Individual contracts
209 Company contracts
210 Partnership contracts
211–213 (Repealed)
214 Limit of indemnity as to compensation
215 (Repealed)
Division 3 Exceptions and exclusions
216, 217 (Repealed)
218 Buildings for which no occupation certificate issued
219 Standard exclusions
220–223 (Repealed)
Part 12 Accreditation of components, processes and designs
224 Components, processes and designs certified under the Australian Building Products and Systems Certification Scheme
225 Transitional provisions
Part 13 Development by the Crown
226 Prescribed persons: section 116B
227 Technical provisions of the State’s building laws
Part 14 Environmental assessment under Part 5 of the Act
Division 1 Circumstances requiring an environmental impact statement
228 What factors must be taken into account concerning the impact of an activity on the environment?
Division 2 Environmental impact statements
229 What is the form for an environmental impact statement?
230 What must an environmental impact statement contain?
231 Director-General may make requirements concerning preparation of environmental impact statements
232 Determining authority may require additional copies of environmental impact statement
Division 3 Public participation
233 What is the form for a section 113 notice?
234 In what manner must a section 113 notice be given?
235 Where may an environmental impact statement be inspected?
236 Determining authority may sell copies of environmental impact statement to the public
237 Documents adopted or referred to by environmental impact statement
238 Particulars of proposed modification to be publicly exhibited
239 Notice to be given of the public exhibition of the proposed modification
240 Where may the proposed modification be inspected?
241 Period of exhibition of proposed modification
242 Representations on proposed modification
243 Report to be prepared for activities to which an environmental impact statement relates
244 Concurrence or consultation with Director-General of National Parks and Wildlife
Division 1 Fees for development applications
245 What is the maximum fee?
246 What is the fee for a development application?
247 Development involving the erection of a dwelling-house with an estimated construction cost of $100,000 or less
248 Residential flat development
249 Development involving the subdivision of land
250 Development not involving the erection of a building, the carrying out of a work, the subdivision of land or the demolition of a building or work
251 Designated development
252 What additional fees are payable for development that requires advertising?
252A What additional fees are payable for development that requires concurrence?
253 What additional fees are payable for integrated development?
254 What if two or more fees are applicable to a single development application?
255 How is a fee based on estimated cost determined?
256 Determination of fees after development applications have been made
256A Proportion of development application fees to be remitted to Director-General
Division 2 Other fees and charges
257 What is the fee for a request for a review of a determination?
258 What is the fee for an application for modification of a consent for local development or State significant development?
259 What is the fee for a planning certificate?
260 What is the fee for a building certificate?
261 What is the fee for a copy of a building certificate?
262 What is the fee for a certified copy of a document, map or plan held by the department or a council?
263 What other fees and charges may be imposed by the Act?
Part 16 Registers and other records
264 Council to maintain a register of development applications and consents
265 Council to maintain a register of complying development applications
266 Council to keep certain documents relating to development applications and consents
267 Council to keep certain documents relating to complying development certificates
268 Council to keep certain records available for public inspection
269 Notice of proposal to constitute development area
270 Release areas under SEPP 59
271 Precinct plans and section 94B contributions plans under SEPP 59
272 Assessment fee for draft Precinct plans under SEPP 59
273 Assessment and preparation fees for draft master plans under SEPP 56
273A Assessment fee for draft master plans under SEPP 72
274 Release areas under SREP 30
274A Assessment fee for draft precinct plans under SREP 30
274B Assessment and preparation fees for master plans under SREP 26
275 Comprehensive development applications under Concord Planning Scheme Ordinance
276 (Repealed)
277 Public authorities
278 Assessment of loan commitments of councils in development areas
279 What matters must be specified in a planning certificate?
280 Application for building certificate
281 Form of building certificate
282 Director-General may certify certain documents
283 False or misleading statements
284 Penalty notice offences: section 127A
285 (Repealed)
286 Repeal, savings and transitional
287 Special provisions relating to ski resort areas
Schedule 2 Environmental impact statements
Schedule 3 Designated development
Schedule 4 Planning certificates
Schedule 5 Penalty notice offences