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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 13 September 2019 to date (accessed 22 September 2019 at 20:17)
Part 16
Part 16 Registers and other records
264   Council to maintain a register of development applications and consents
(cf clause 109A of EP&A Regulation 1994)
(1)  A council must maintain a register containing details of the following matters for each development application that is either made to it as the consent authority or furnished to it in cases where it is not the consent authority—
(a)  the registered number of the application,
(b)  the date when the application was made,
(c)  the amount of any fee payable in connection with the application,
(d)  the date or dates when any such fee, or any part of such fee, was paid,
(e)  the date when the application was determined.
(2)  The register must also contain details of the following matters for each development consent—
(a)  the name and address of the person to whom the consent was granted,
(b)  the address, and formal particulars of title, of the land to which the consent relates,
(c)  the date when the consent was granted,
(d)  a brief description of the subject-matter of the consent, including a statement as to the nature of the development (residential, commercial, industrial or other),
(e)  any conditions to which the consent is subject,
(f)  the duration of the consent,
(g)  the date when the consent became effective,
(h)  whether the consent has been revoked, modified or surrendered,
(i)  the date when any notice was published in respect of the consent as referred to in section 4.59 of the Act,
(j)  the date of issue of any related construction certificates,
(k)  the date of commencement of building or subdivision work the subject of the consent,
(l)  the name and accreditation number of the principal certifying authority appointed in relation to a consent involving building or subdivision work,
(m)  in the case of a consent concerning residential building work (within the meaning of the Home Building Act 1989)—
(i)  the names of licensees and owner-builders, and
(ii)  the names of the approved insurers (where relevant) of the licensees under Part 6 of the Home Building Act 1989, and
(iii)  the numbers endorsed on contractor licences and permits of which the council is informed under the requirements of this Regulation,
(ma)  in the case of a consent subject to a condition under section 4.17 (10B) of the Act, the outcome of any review carried out under the condition,
(n)  the date of issue of any related subdivision or occupation certificate,
(o)  any approvals taken, by section 4.12 of the Act, to have been granted under the Local Government Act 1993,
(p)  any approvals under an Act that were considered as part of the integrated development process.
(3)  The register must contain the following indexes of the development consents referred to in subclause (2)—
(a)  an index prepared by reference to the address of the land to which each development relates,
(b)  an index prepared by reference to the chronological order of the granting of each development consent.
(4)  For the purposes of section 4.58 of the Act, the prescribed form for the register is a book, in loose-leaf form, or an electronic data retrieval system.
265   Council to maintain a register of complying development applications
(cf clause 109B of EP&A Regulation 1994)
(1)  A council must maintain a register containing details of the following matters for each application for a complying development certificate whether or not the council is the certifying authority—
(a)  the date when the application was made,
(b)  the name and address of the person making the application,
(c)  the address, and formal particulars of title, of the land to which the certificate relates,
(d)  the date when the certificate was granted or refused,
(e)  if the certificate was granted or refused by an accredited certifier, the name and accreditation number of the accredited certifier,
(f)  the date of commencement of building or subdivision work the subject of the certificate,
(g)  the name and accreditation number of the principal certifying authority appointed in relation to the building or subdivision work the subject of the certificate,
(h)  in the case of a certificate concerning residential building work (within the meaning of the Home Building Act 1989)—
(i)  the names of licensees and owner-builders, and
(ii)  the names of the approved insurers (where relevant) of the licensees under Part 6 of the Home Building Act 1989, and
(iii)  the numbers endorsed on contractor licences and permits of which the council is informed under the requirements of this Regulation,
(i)  the date of issue of any related subdivision or occupation certificate,
(j)  the date on which notice of the granting of the certificate was published under section 4.59 of the Act.
(2)  The register must contain the following indexes of the complying development certificates referred to in subclause (1)—
(a)  an index prepared by reference to the address of the land to which each certificate relates,
(b)  an index prepared by reference to the chronological order of the granting of each certificate.
(3)  The register is to be kept in the form of a book, in loose-leaf form, or in the form of an electronic data retrieval system.
(4)  The register under this clause is the register prescribed for the purposes of section 4.58 of the Act.
266   Council to keep certain documents relating to development applications and consents
(cf clause 109C of EP&A Regulation 1994)
(1)  A council must keep the following documents for each development application made to it and each development consent resulting from a development application made to it—
(a)  a copy of the development application,
(b)  a copy of the relevant section 4.18 notice to the applicant,
(c)  a copy of any instrument by which some other development consent or existing use right has been modified or surrendered,
(d)  a copy of the decision of the Land and Environment Court, in the case of a development consent granted by the Court on appeal from the determination of the council,
(e)    (Repealed)
(f)  a copy of any recommendations made by relevant employees of the council with respect to the determination of the application,
(g)  if the development consent has been revoked, modified or surrendered, a copy of the instrument of revocation, modification or surrender,
(h)  if a notice has been published in respect of the development consent as referred to in section 4.59 of the Act, a copy of the page of the newspaper in which the notice was published,
(i)  a copy of the notification of the determination to issue a construction certificate relating to the consent and a copy of the certificate and any related plans, specifications and any other documents that were forwarded to the council,
(j)  a copy of the notification of the appointment of the principal certifying authority and the notification of the commencement of building or subdivision work relating to the development the subject of the consent,
(k)  a copy of the notification of the determination of an application for an occupation certificate relating to any building the subject of the consent,
(l)  a copy of the notification of the determination of an application for a subdivision certificate relating to any subdivision the subject of the consent and the endorsed plan of subdivision,
(m)  a copy of the notification of the determination of any application for a compliance certificate relating to the development the subject of the consent and any relevant plans and specifications and other documents relating to the compliance certificate,
(n)  a copy of a decision of the Land and Environment Court in the case of an occupation certificate, subdivision certificate or construction certificate issued by the Court on appeal from a determination of the council,
(o)  details of approved alternative solutions relating to construction certificates or compliance certificates together with details of the assessment methods used to establish compliance with the relevant performance requirements,
(p)  a copy of the record of any inspection made for the purposes of clause 143B in respect of the proposed development concerned.
(2)  A council must keep the documents referred to in subclause (1) that are furnished to it in accordance with this Regulation by any other consent authority or certifying authority in those cases where the council is not the consent authority or certifying authority.
267   Council to keep certain documents relating to complying development certificates
(cf clause 109D of EP&A Regulation 1994)
A council must keep the following documents for each application for a complying development certificate whether or not the application is made to the council and each complying development certificate whether or not the certificate is issued by the council—
(a)  a copy of the determination of the application for a complying development certificate including any related plans and specifications,
(b)  if a notice has been published in respect of the complying development as referred to in section 101 of the Act, a copy of the page of the newspaper in which the notice was published,
(c)  a copy of the notification of the appointment of the principal certifying authority and the notification of the commencement of building or subdivision work relating to the development the subject of the complying development certificate,
(d)  a copy of the notification of the determination of an application for an occupation certificate relating to any building the subject of the complying development certificate,
(e)  a copy of the notification of the determination of an application for a subdivision certificate relating to any subdivision the subject of the complying development certificate and the endorsed plan of subdivision,
(f)  a copy of the notification of the determination of any application for a compliance certificate relating to the development the subject of the complying development certificate,
(g)  a copy of a decision of the Land and Environment Court in the case of an occupation certificate or subdivision certificate issued by the Court on appeal from a determination of the council,
(h)  details of approved alternative solutions relating to compliance certificates, together with details of the assessment methods used to establish compliance with the relevant performance requirements,
(i)  a copy of the record of any inspection made for the purposes of clause 129B in respect of the proposed development concerned,
(j)  a copy of each notice given to, or given by, the council under clause 130AB.
267A   Records relating to complaints
(1)  A principal certifying authority for development must keep a written record of each complaint received by the authority in relation to the development and any action taken by the authority or response made in relation to the complaint.
(2)  The record must be kept for a period of 10 years from the date on which the complaint was received by the principal certifying authority.
268   Council to keep certain records available for public inspection
(cf clause 109E of EP&A Regulation 1994)
(1)  A council must make the following documents available for inspection at its principal office, free of charge, during the council’s ordinary office hours—
(a)  the registers kept under clauses 264 and 265,
(b)  the documents kept under clauses 266 and 267.
(2)  A copy of any extracts from the registers or a copy of any of the other documents may be made on payment of a reasonable copying charge set by the council.
(3)  Nothing in this clause confers a right or entitlement to inspect, make copies of or take extracts from so much of a document that, because of section 12 (1A) of the Local Government Act 1993, a person does not have the right to inspect.