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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 5 April 2020 at 15:17) Current version
Part 4C
Part 4C Liability and insurance
Division 1 Preliminary
109ZI   Definitions
In this Part:
building action means an action (including a counter-claim) for loss or damage arising out of or concerning defective building work.
building work includes the design, inspection and issuing of a Part 4A certificate or complying development certificate in respect of building work.
subdivision action means an action (including a counter-claim) for loss or damage arising out of or concerning defective subdivision work.
subdivision work includes the design, inspection and issuing of a Part 4A certificate or complying development certificate in respect of subdivision work.
Division 2 Liability
109ZJ   Apportionment of liability
(1)  After determining an award of damages in a building action or subdivision action, a court must give judgment against each contributing party for such proportion of the total amount of damages as the court considers to be just and equitable, having regard to the extent of that party’s responsibility for the loss or damage in respect of which the award is made.
(2)  Despite any Act or law to the contrary, the liability for damages of a contributing party is limited to the amount for which judgment is given against that party by the court.
(3)  A contributing party cannot be required:
(a)  to contribute to the damages apportioned to any other person in the same building action or subdivision action, or
(b)  to indemnify any such other person in respect of those damages.
(4)  In this section contributing party, in relation to a building action or subdivision action, means a defendant to the action found by the court to be jointly or severally liable for the damages awarded, or to be awarded, in the action.
109ZK   Limitation on time when building action or subdivision action may be brought
(1)  Despite any Act or law to the contrary:
(a)  a building action may not be brought in relation to any building work more than 10 years after the date on which the relevant final occupation certificate is issued, and
(b)  a subdivision action may not be brought in relation to any subdivision work more than 10 years after:
(i)  in the case of work completed before the relevant subdivision certificate is issued, the date on which the relevant subdivision certificate is issued, or
(ii)  in the case of work completed after the relevant subdivision certificate is issued, the date on which the compliance certificate that certifies that the work has been completed is issued.
(2)  This section does not operate to extend any period of limitation under the Limitation Act 1969.
109ZL   Division not to affect rights to recover damages for death or personal injury
Nothing in this Division applies to or affects any right to recover damages for death or personal injury arising out of or concerning defective building work or subdivision work.
Division 3 Insurance
109ZM   Application of Division
This Division applies to:
(a)  accredited certifiers, and
(b)  such other persons as are prescribed by the regulations for the purposes of this section (referred to in this Division as building practitioners).
109ZN   Accredited certifiers
(1)  An accredited certifier must not:
(a)  exercise the functions of a certifying authority in relation to any building work or subdivision work, or
(b)  hold himself or herself out as being covered by the required insurance,
unless he or she is covered by the required insurance.
Maximum penalty: 100 penalty units.
(2)  For the purposes of this section, an accredited certifier is covered by the required insurance if he or she is indemnified by an insurance policy that complies with the regulations against any liability to which he or she may become subject as a result of exercising the functions of a certifying authority.
109ZO   Building practitioners
(1)  A building practitioner must not:
(a)  carry out any building work or subdivision work, or
(b)  hold himself or herself out as being covered by the required insurance,
unless he or she is covered by the required insurance.
Maximum penalty: 500 penalty units (in the case of a corporation) or 100 penalty units (in any other case).
(2)  For the purposes of this section, a building practitioner is covered by the required insurance if he or she is indemnified by an insurance policy that complies with the regulations against any liability to which he or she may become subject as a result of carrying out building work or subdivision work.
109ZP   Regulations under this Division
Without limiting the matters for which the regulations may provide in relation to an insurance policy, the regulations may prescribe:
(a)  the persons or bodies who may be the insurers under such a policy, and
(b)  the period for which the insured is to be indemnified under such a policy, and
(c)  the amount in respect of which the insured is to be indemnified under such a policy, and
(d)  the risks in respect of which the insured is to be indemnified under such a policy, and
(e)  the form in which such a policy must be expressed, and
(f)  the obligations on a person who is the insurer under such a policy, and
(g)  the issue of such a policy in respect of liability incurred by a person who was formerly an accredited certifier.