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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 21 September 2019 at 23:28)
Part 9 Division 7C
Division 7C Identification of certain buildings with external combustible cladding
Note.
 Clause 167 (1) (c) provides that this Division applies only to class 2, class 3 and class 9 buildings of 2 or more storeys and to any class 4 part of a class 9 building of 2 or more storeys.
186S   Certain building owners must provide registration details of building and its cladding
(1)  The owner of a building that has external combustible cladding must provide the Planning Secretary with details about the building and its cladding.
(2)  The following details are required to be provided under this clause—
(a)  the name and address of the owner of the building,
(b)  the address of the building,
(c)  the classification of the building under the Building Code of Australia,
(d)  the number of storeys in the building, above and below ground,
(e)  a description of any external combustible cladding applied to the building, including the materials comprising the cladding,
(f)  a description of the extent of application of external combustible cladding to the building and the parts of the building to which it is applied.
(3)  Those details must be provided—
(a)  in the case of a building that was or had been occupied before this clause commenced—on or before 22 February 2019, or
(b)  in any other case—within 4 months after the building is first occupied.
(4)  Those details must be provided through the NSW planning portal, unless the Planning Secretary agrees in writing that they may be provided in another manner.
(5)  Despite subclause (1), if the owner of the building has been given a direction under clause 186T that requires details to be provided, the owner is not required to comply with this clause.
186T   Building owner may be directed to provide registration details of building and its cladding
(1)  The owner of a building may be directed in writing to provide the Planning Secretary with details about the building and any external combustible cladding that has been applied to it.
(2)  Such a direction may be given only by—
(a)  the Minister or the Planning Secretary, but only in connection with a building the erection of which was State significant development, State significant infrastructure or any other development for which the Minister, the Planning Secretary or the Independent Planning Commission is or was the consent authority, or
(b)  an authorised fire officer, or
(c)  the council for the area in which the building is located.
(3)  The following details are required to be provided under this clause—
(a)  the name and address of the owner of the building,
(b)  the address of the building,
(c)  the classification of the building under the Building Code of Australia,
(d)  the number of storeys in the building, above and below ground,
(e)  a description of the external combustible cladding applied to the building, including the materials comprising the cladding,
(f)  a description of the extent of application of external combustible cladding to the building and the parts of the building to which it is applied.
(4)  A person who has been directed to provide details under this clause must ensure that the details are provided before the date specified in the direction, which must be at least 14 days after the direction is given.
(5)  Those details must be provided through the NSW planning portal, unless the Planning Secretary agrees in writing that they may be provided in another manner.
(6)  An authorised fire officer or council must notify the Planning Secretary of any direction given by the officer or council under this clause.
186U   Register of buildings that have external combustible cladding
(1)  The Planning Secretary may establish and maintain a register of buildings that have external combustible cladding.
(2)  The register may contain—
(a)  any details provided to the Planning Secretary by the owner of a building under this Division, and
(b)  any other information that the Planning Secretary considers appropriate.
(3)  The Planning Secretary may do any or all of the following—
(a)  make the register, or any part of it, available to Fire and Rescue NSW, any council, or any other person,
(b)  make the register, or any part of it, available to the public,
(c)  publish the register, or any part of it, on a website maintained by the Department.