New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 164A

164A BASIX certificates

(1) The Planning Secretary may issue certificates (
"BASIX certificates" ) in relation to the sustainability of any proposed BASIX affected development and any proposed BASIX optional development.

(2) Without limiting subclause (1), a BASIX certificate may be issued by means of a computerised system, as approved from time to time by the Planning Secretary, being a system to which members of the public are given on-line access, whether over the internet or otherwise.

(3) The relevant application need only be accompanied by one BASIX certificate.

(3A) Subclause (3) does not apply to development that involves the alteration, enlargement or extension of a BASIX affected building that contains more than one dwelling.

Note : See Schedule 1, clauses 2A, 4A and 6A which require separate certificates for each dwelling.

(4) A BASIX certificate must contain the following--

(a) a description of the proposed development, corresponding in all relevant respects with the description contained in--

(i) the relevant application, and

(ii) any relevant accompanying documents,

(b) a detailed list of the commitments that the applicant has made as to the manner in which the development will be carried out (being commitments as to the measures, such as design and fit-out, that the applicant proposes to implement in order to promote the sustainability of the development),

(c) a statement to the effect that the proposed development will meet the Government's requirements for sustainability if the applicant's commitments are fulfilled.

(4A) In the case of a development that involves the erection of a building for both residential and non-residential purposes, or the change of use of a building to both residential and non-residential purposes, the description referred to in subclause (4)(a) need only include information concerning the part of the development that is intended to be used for residential purposes.

(5) In this clause--

"accompanying document" means any document required to accompany an application pursuant to clause 2, 4 or 6 of Schedule 1.

"application" means--

(a) a development application, application for a complying development certificate or application for a construction certificate, or

(b) an application for modification of a development consent, complying development certificate or construction certificate.

"sustainability" , in relation to proposed development, means the capacity of the development--

(a) to reduce consumption of mains-supplied potable water, and

(b) to reduce emissions of greenhouse gases, and

(c) to perform in a thermally efficient manner.