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Environmental Planning and Assessment Regulation 2000
Current version for 15 May 2020 to date (accessed 7 June 2020 at 17:17)
156 Circumstances when occupation certificate not required
(cf clause 79Q of EP&A Regulation 1994)
(1) For the purposes of section 6.9(2)(a)(iii) and (b)(ii) of the Act, the following are prescribed circumstances—(a) the fact that a building is a class 1a or class 10 building for which a construction certificate or complying development certificate was issued before 1 March 2004 (being the date on which Schedule 2.1  to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003 commenced),(b) the fact that the building is a temporary structure (other than a temporary structure that is an entertainment venue),(c) the fact that the building is a structure resulting from building work to which clause 162AB applies.(2) A person who is prescribed for the purposes of section 4.32(2)(a) of the Act in relation to Crown building work involving the erection of a new building is prescribed for the purposes of section 6.9(2)(a)(iv) and (b)(iii) of the Act in relation to that building.Note.Section 6.9 of the Act requires an occupation certificate for the commencement of the occupation or use of the whole or any part of a new building or the commencement of a change of building use for the whole or any part of an existing building.Section 6.9(2)(a)(iii) and (b)(ii) provide for the disapplication of section 6.9 in circumstances prescribed by the regulations. Subclause (1) of this clause prescribes such circumstances.Section 6.9(2)(a)(iv) and (b)(iii) provide for the disapplication of section 6.9 in the case of buildings erected by or on behalf of the Crown or by or on behalf of prescribed persons. Subclause (2) of this clause prescribes such persons.