New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 161A

161A Directions by principal certifiers as to non-compliance with aspects of development--section 6.31 of Act

(1) Section 6.31 of the Act applies in relation to the carrying out of works otherwise than in accordance with a development consent or complying development certificate, including any approved plans and development consent conditions.

(2) However, section 6.31 of the Act does not apply in relation to non-compliance identified during a critical stage inspection or during an inspection under this clause.

(3) Any notice containing a direction by a principal certifier under section 6.31 of the Act is to be in the form approved by the Planning Secretary and be issued within 2 business days of the certifier becoming aware of the non-compliance concerned.

(4) The notice is to specify a period in which the direction must be complied with (the
"compliance period" ).

(5) A principal certifier who issues a direction under section 6.31 of the Act must, at the end of the compliance period, inspect the site to which the direction relates to assess whether the direction has been complied with.

(6) The principal certifier must make a record of the inspection and provide a copy of the record to the person responsible for carrying out the aspect of the development to which the non-compliance relates.

(7) The inspection record must include the following information--

(a) the address of the site at which the inspection was carried out,

(b) the date on which the inspection was carried out,

(c) if the inspection was carried out by a council, the name of the council and the identity and signature of the individual who carried out the inspection on behalf of the council,

(d) if the inspection was carried out by an accredited certifier, the identity of the accredited certifier, including, in a case where the accredited certifier is a body corporate, the identity of the individual who carried out the inspection on behalf of the body corporate,

(e) if the inspection was carried out by an accredited certifier, the accreditation number of the accredited certifier, including, in a case where the accredited certifier is a body corporate, the accreditation number of the individual who carried out the inspection on behalf of the body corporate,

(f) details as to whether or not the direction has been complied with.

(8) The period prescribed for the purposes of section 6.31(2) of the Act is the period of 2 days after the inspection is carried out.

Note : Under section 6.31(2) of the Act, the principal certifier who issues a direction is to notify the consent authority if the direction has not been complied with.

(9) A copy of any notification under section 6.31(2) of the Act that a direction has not been complied is to be given to the owner of the land (including an owners corporation) to which the direction relates.