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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Environmental Planning and Assessment
Amendment (Certification) Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
No 203 3
Schedule 2 Amendment of other legislation 5
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
Environmental Planning and Assessment
Amendment (Certification) Bill 2024
Act No , 2024
An Act to amend the Environmental Planning and Assessment Act 1979 to provide that the
Minister for Planning and Public Spaces may certify development in certain circumstances; to
validate certain certificates; and for related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Environmental Planning and Assessment Amendment (Certification) Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Environmental Planning and Assessment Amendment (Certification)
Act 2024.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Environmental Planning and Assessment Amendment (Certification) Bill 2024 [NSW]
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
Schedule 1 Amendment of Environmental Planning and
Assessment Act 1979 No 203
[1] Section 2.9 Functions of Commission
Omit "Division 5 of Part 4AA of State Environmental Planning Policy (Mining, Petroleum
Production and Extractive Industries) 2007" from section 2.9(1), note.
Insert instead "State Environmental Planning Policy (Resources and Energy) 2021,
Chapter 2, Part 2.4, Division 5".
[2] Section 6.1 Definitions: Part 6
Omit section 6.1, definition of certifier. Insert instead--
certifier means--
(a) a council or a registered certifier, or
(b) for development for which the Minister granted development consent--
the council, a registered certifier or the Minister.
[3] Section 6.5A
Insert after section 6.5--
6.5A Additional persons with function of issuing subdivision certificate
(1) A person prescribed by the regulations has the function of issuing a
subdivision certificate in relation to development prescribed by the
regulations.
(2) The person must, within 21 days of issuing a subdivision certificate, notify the
Planning Secretary in writing that the person has issued the certificate.
(3) This part otherwise applies to the issuing of the certificate by the person in the
same way the part applies to the issuing of a certificate by a certifier.
[4] Section 6.23 Making of applications for building information certificates
Omit section 6.23(2), note.
[5] Section 7.44 Charges and fees fixed by regulation
Insert after section 7.44(1A)--
(1B) The regulations may prescribe the following in relation to a building
information certificate issued under Part 6, Division 6.7--
(a) charges and fees payable in connection with a certificate,
(b) mechanisms to determine charges and fees payable in connection
with a certificate.
[6] Schedule 1 Community participation requirements
Omit "State Environmental Planning Policy No 55--Remediation of Land" wherever
occurring in clause 9A.
Insert instead "State Environmental Planning Policy (Resilience and Hazards) 2021,
Chapter 4".
[7] Schedule 8 Special provisions
Insert at the end of the schedule, with appropriate part and clause numbering--
Page 3
Environmental Planning and Assessment Amendment (Certification) Bill 2024 [NSW]
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
Part Validation of certificates
Validation of certain occupation certificates
The following occupation certificates are validated, to the extent of any
invalidity, and are taken to have been duly granted in accordance with this Act
and otherwise in accordance with law on and from the date on which each
certificate was issued--
(a) Final Occupation Certificate 01-04-2020 issued on 3 June 2020 in
relation to Development Application 9116 concerning Lot 118, DP
756697, Mount Tate Road, Guthega,
(b) Final Occupation Certificate 02-06-2020 issued on 29 July 2020 in
relation to Development Application 4-1-2006-i concerning Lot 30, DP
725492, 1400 Kosciuszko Road, Jindabyne,
(c) Final Occupation Certificate 01-08-2022 issued on 18 May 2023 in
relation to Development Application 10194 concerning 'Bundara',
Mountain Rivers 4, Lot 630, DP 1118588, 5 Valley Close, Thredbo, and
which erroneously identified the land as "Lot 530",
(d) Interim Occupation Certificate 01-10-21 issued on 28 October 2021 in
relation to Development Application 95-133 concerning various lots on
Harbour Boulevard, Shell Cove.
Repeal of part
This part is repealed on the day that is 6 months after the day on which the part
commences.
Page 4
Environmental Planning and Assessment Amendment (Certification) Bill 2024 [NSW]
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation
2.1 Building and Development Certifiers Act 2018 No 63
Section 5 Certification work requires registration
Omit section 5(2). Insert instead--
(2) The following persons are not required to be registered to carry out
certification work--
(a) a local council,
(b) the Minister administering the Environmental Planning and Assessment
Act 1979 or a delegate of the Minister.
2.2 Environmental Planning and Assessment (Development Certification
and Fire Safety) Regulation 2021
Section 53A
Insert before section 54--
53A Persons with function of issuing subdivision certificates--the Act, s 6.5A
(1) The following persons have the function of issuing a subdivision certificate in
relation to a subdivision carried out by or on behalf of the person--
(a) Newcastle Port Corporation,
(b) the port operator, within the meaning of the Ports and Maritime
Administration Act 1995, of the following ports--
(i) the Port of Botany Bay,
(ii) the Port of Newcastle,
(iii) Port Kembla,
(c) Transport for NSW.
(2) Transport for NSW also has the function of issuing a subdivision certificate in
relation to development for which Transport for NSW granted development
consent.
2.3 Environmental Planning and Assessment (Savings, Transitional and
Other Provisions) Regulation 2017
Clauses 18B, 18BA and 18C
Omit the clauses.
Page 5
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