Environmental Planning and Assessment Regulation 2000
Historical version for 28 April 2006 to 30 April 2006 (accessed 8 July 2020 at 02:23) Current version
Part 8 Division 5 Clause 164A
164A   BASIX certificates
(1)  The Director-General may issue certificates (BASIX certificates) in relation to the sustainability of any proposed development that involves the erection of a building or a change of building use.
(2)  Without limiting subclause (1), a BASIX certificate may be issued by means of a computerised system, as approved from time to time by the Director-General, being a system to which members of the public are given on-line access, whether over the internet or otherwise.
(3)  The relevant application need only be accompanied by one BASIX certificate.
(4)  A BASIX certificate must contain the following:
(a)  a description of the proposed development, corresponding in all relevant respects with the description contained in:
(i)  the relevant application, and
(ii)  any relevant accompanying documents,
(b)  a detailed list of the commitments that the applicant has made as to the manner in which the development will be carried out (being commitments as to the measures, such as design and fit-out, that the applicant proposes to implement in order to promote the sustainability of the development),
(c)  a statement to the effect that the proposed development will meet the Government’s requirements for sustainability if the applicant’s commitments are fulfilled.
(4A)  In the case of a development that involves the erection of a building for both residential and non-residential purposes, or the change of use of a building to both residential and non-residential purposes, the description referred to in subclause (4) (a) need only include information concerning the part of the development that is intended to be used for residential purposes.
(5)  In this clause:
accompanying document means any document required to accompany an application pursuant to clause 2, 4 or 6 of Schedule 1.
application means:
(a)  a development application, application for a complying development certificate or application for a construction certificate, or
(b)  an application for modification of a development consent, complying development certificate or construction certificate.
sustainability, in relation to proposed development, means the capacity of the development:
(a)  to reduce consumption of mains-supplied potable water, and
(b)  to reduce emissions of greenhouse gases, and
(c)  to perform in a thermally efficient manner.