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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 18 November 2019 at 14:26)
Part 9 Division 7B Clause 186L
186L   Postponement of required completion date for installation
(1)  A person who operates a facility to which this Division applies may apply once to the Implementation Committee for a postponement of the facility’s required completion date.
(2)  An application under this clause made by an approved provider must be made before—
(a)  in relation to a facility for which the nominated completion date is 1 September 2014—1 March 2014, and
(b)  in relation to a facility for which the nominated completion date is 1 March 2016—1 March 2015.
(3)  An application under this clause made by a person who began operating the facility concerned after 1 January 2013 must be made before the existing required completion date for the facility.
(4)  An application under this clause is to be in the form approved by the Implementation Committee.
(5)  The Implementation Committee may postpone the required completion date for the installation of the fire sprinkler system in the facility by a period of—
(a)  in relation to a facility for which the nominated completion date is 1 September 2014 (other than a facility to which clause 186J (2) applies)—up to 6 months, and
(b)  in any other case—up to 1 year.
(6)  In determining whether to grant such a postponement, the Implementation Committee is to consider—
(a)  whether the applicant has substantially complied with the implementation plan for the facility (if any), and
(b)  whether, if the application were to be refused, the requirement under this Division to complete the installation by the existing required completion date would create such a significant financial burden on the applicant that the provision of residential care at the facility may suffer, and
(c)  any other matter that the Committee considers relevant.
(7)  A postponement may be granted unconditionally or subject to conditions (including conditions requiring that other fire safety measures be implemented and maintained until the fire sprinkler system is installed).