New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 142

142 Procedure for determining application for construction certificate

(cf clause 79D of EP[#38]A Regulation 1994)

(1) The determination of an application for a construction certificate must contain the following information--

(a) the date on which the application was determined,

(b) whether the application has been determined--

(i) by approval, or

(ii) by refusal, and

(c) if the application has been determined by refusal--

(i) the reasons for the refusal, and

(ii) if the certifier is a consent authority, of the applicant's right of appeal under the Act against the refusal,

(d) if a construction certificate has been issued subject to conditions of the kind referred to in clause 187 or 188--

(i) the reasons for the conditions, and

(ii) if the certifier is a consent authority, of the applicant's right of appeal under the Act against any such conditions.

(2) Within 2 days of the date of the determination, the certifier must, by means of the NSW planning portal--

(a) notify the applicant of the determination, and

(b) notify the consent authority and the council of the determination and provide them with the following--

(i) the determination, together with the application to which it relates,

(ii) any construction certificate issued as a result of the determination,

(iii) any plans and specifications in relation to which such a construction certificate has been issued,

(iv) any fire safety schedule attached to such a construction certificate,

(v) any other documents that were lodged with the application for the certificate (such as any relevant decision on an objection under clause 187 or 188) or given to the certifier under clause 140,

(vi) the record of any inspection made for the purposes of clause 143B in relation to the issue of the construction certificate.

Note : See also clause 168 which requires a fire safety schedule to be attached to a construction certificate when it is issued.

(2A) A copy of a record of inspection referred to in subclause 2(b)(iv) need not be given to a consent authority or council that carried out the inspection.

(3) In this Part, a reference to the issuing of a construction certificate includes a reference to the endorsement of the construction certificate on any relevant plans and specifications, as referred to in section 6.4(a) of the Act.