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Environmental Planning and Assessment Regulation 2000
Current version for 13 September 2019 to date (accessed 24 September 2019 at 19:17)
154 Health, safety, compliance with development consent and other issues: section 109H
(cf clause 79O of EP&A Regulation 1994)
(1) For the purposes of section 109H (3) (d) and (4) (c) of the Act, an interim occupation certificate authorising a person—(a) to commence occupation or use of a partially completed new building, ormust not be issued unless the building will not constitute a hazard to the health or safety of the occupants of the building.(b) to commence a change of building for use for part of an existing building,(1A) For the purposes of section 109H (5) (d) of the Act, a final occupation certificate authorising a person to commence occupation or use of a temporary structure as an entertainment venue must not be issued unless—(a) the certifying authority has inspected the temporary structure, and(b) the temporary structure is suitable for its proposed use as an entertainment venue, including for the number of persons proposed to occupy or use the temporary structure.(1B) An occupation certificate authorising a person to commence occupation or use of a new building, or a partially completed new building, must not be issued unless the design and construction of the new building, or any part of the new building that is completed, are not inconsistent with the development consent in force with respect to the new building. This subclause applies only if the development consent (excluding any construction certificate forming part of the consent) was issued on or after 1 March 2013.Note.A complying development certificate is a form of development consent.(2) In this clause—new building has the same meaning as it has in section 109H of the Act.