Environmental Planning and Assessment Regulation 2000
Historical version for 7 September 2009 to 25 October 2009 (accessed 5 August 2020 at 15:12) Current version
Part 7 Division 2A
Division 2A Conditions of complying development certificate
136A   Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
(cf clauses 78 and 78A of EP&A Regulation 1994)
(1)  A complying development certificate for development that involves any building work must be issued subject to the following conditions:
(a)  that the work must be carried out in accordance with the requirements of the Building Code of Australia,
(b)  in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance must be entered into and be in force before any building work authorised to be carried out by the certificate commences.
(2)  This clause does not limit any other conditions to which a complying development certificate may be subject, as referred to in section 85A (6) (a) of the Act.
(3)  This clause does not apply:
(a)  to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or
(b)  to the erection of a temporary building.
(4)  In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant complying development certificate is made.
136B   Erection of signs
(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 109R of the Act, to comply with the technical provisions of the State’s building laws.
(6)  This clause applies to a complying development certificate issued before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.
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 109R of the Act, to comply with the technical provisions of the State’s building laws.
136D   Fulfilment of BASIX commitments
(1)  This clause applies to the following development:
(a)  BASIX affected development,
(b)  any BASIX optional development in relation to which a person has made an application for a complying development certificate that has been accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 4A of Schedule 1 for it to be so accompanied).
(2)  A complying development certificate for development to which this clause applies must be issued subject to a condition that the commitments listed in each relevant BASIX certificate for the development must be fulfilled.
136E   Conditions applying to use of building as place of public entertainment
(1)  A complying development certificate for development involving the use of a building as a place of public entertainment must be issued subject to conditions requiring the applicable requirements of subclause (2) and Schedule 3A to be complied with.
(2)  If the building is a temporary structure, Part B1 and NSW Part H102 of Volume One of the Building Code of Australia (as in force on the date the application for the relevant complying development certificate is made) must be complied with.
Note.
 Under clause 136A, the erection of a building (other than a temporary structure), including the erection of a building proposed to be used as a place of public entertainment, must comply with the requirements of the Building Code of Australia.
(3)  Subclause (2) does not apply to the extent to which an exemption is in force under clause 187, subject to the terms of any condition or requirement referred to in clause 187 (6).
136F   Duration of consent to use certain licensed premises as place of public entertainment
(1)  A complying development certificate for development involving the use of prescribed licensed premises as a place of public entertainment must be issued subject to the condition that the use may be carried out under the certificate only within the period of 5 years commencing on the date on which the certificate becomes effective and operative under section 86A of the Act or such lesser period commencing on that date as is determined by the certifying authority concerned.
(2)  In this clause:
prescribed licensed premises means premises to which any of the following relate:
(a)  a hotelier’s licence, nightclub licence or restaurant licence under the Liquor Act 1982,
(b)  a certificate of registration under the Registered Clubs Act 1976.
136G   Drive-in theatres
(1)  A complying development certificate for development involving the use of land as a drive-in theatre must be issued subject to the condition that NSW Part H103 of Volume One of the Building Code of Australia (as in force on the date the application for the relevant complying development certificate is made) must be complied with.
(2)  Subclause (1) does not apply to the extent to which an exemption is in force under clause 187, subject to the terms of any condition or requirement referred to in clause 187 (6).
136H   Condition relating to shoring and adequacy of adjoining property
(1)  A complying development certificate for development must be issued subject to a condition that if the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the certificate must at the person’s own expense:
(a)  protect and support the adjoining premises from possible damage from the excavation, and
(b)  where necessary, underpin the adjoining premises to prevent any such damage.
(2)  The condition referred to in subclause (1) does not apply if the person having the benefit of the complying development certificate owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.