New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 149

149 Applications

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

(1) An application for an occupation certificate must--

(a) be in the form that is approved by the Planning Secretary and made available on the NSW planning portal, and

(b) contain all of the information that is specified in the approved form or required by the Act and this Regulation, and

(c) be lodged on the NSW planning portal.

(2) The application must be accompanied by the following documents--

(a) a copy of the relevant development consent or complying development certificate,

(b) a copy of any relevant construction certificate,

(c) a copy of any relevant fire safety certificate,

(d) a copy of any relevant compliance certificate.

(2AA) In the case of an application with respect to development with a proposed cost (as indicated in the development application) of $10,000,000 or more, the application must also be accompanied by the following documents--

(a) if the certifier determining the application is an accredited certifier--a copy of a document from the relevant council certifying that a section 7.11 contribution or section 7.12 levy--

(i) is not required at any time before the issue of an occupation certificate, or

(ii) is required and the requirement has been met,

(b) if the building resulting from the development is on land within a special contributions area (within the meaning of Division 7.1 of the Act)--a copy of a document from the Planning Secretary certifying that a contribution under section 7.24 of the Act--

(i) is not required at any time before the issue of an occupation certificate, or

(ii) is required and the requirement has been met.

(2A) In the case of an application with respect to development the subject of a condition requiring commitments listed in a BASIX certificate or in BASIX certificates to be fulfilled, the application must also be accompanied by a copy of each relevant BASIX certificate for the development.

(2B) The application may only be made by a person who is eligible to appoint a principal certifier for the relevant development.

(3) The applicant must be notified, by means of the NSW planning portal, that the application for an occupation certificate has been lodged.