New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 6.12

6.12 Requirements before subdivision work commences

(cf previous s 81A(4))

(1) A development consent does not authorise subdivision work until a certifier has been appointed as the principal certifier for the work by (or with the approval of) the person having the benefit of the development consent or other person authorised by the regulations.

(2) The following requirements apply before the commencement of subdivision work in accordance with a development consent--

(a) the principal certifier has, no later than 2 days before the subdivision work commences, notified the consent authority and the council (if the council is not the consent authority) of his or her appointment as the principal certifier,

(b) the principal certifier has, no later than 2 days before the subdivision work commences, notified the person having the benefit of the development consent of any inspections that are required to be carried out in respect of the subdivision work,

(c) the person having the benefit of the development consent has given at least 2 days notice to the council, and the principal certifier if not the council, of the person's intention to commence the subdivision work.

(3) A person must not fail to give a notice that the person is required to give under this section.

: Maximum penalty--Tier 3 monetary penalty.

(4) For the purposes of subsection (1), the person having the benefit of a development consent does not include any contractor or other person who will carry out the subdivision work unless the contractor or other person is the owner of the land on which the work is to be carried out.

(4A) The regulations may, despite subsection (1)--

(a) prescribe circumstances in which a principal certifier is to be appointed by the Registration Secretary, and

(b) prescribe classes of development in which the principal certifier is to be appointed in a manner prescribed by the regulations (including, but not limited to, being appointed in accordance with a scheme prescribed by the regulations), and

(c) require that a council or other person must not refuse to be appointed as a principal certifier where the appointment is in accordance with a regulation made under this subsection, and

(d) prescribe the fees that may be charged by principal certifiers for particular matters or classes of matters, including maximum fees that may be charged, and

(e) prescribe the circumstances in which an applicant for certification may request that a different principal certifier be allocated, and

(f) prescribe the circumstances in which the appointment of a principal certifier may be terminated, and

(g) prescribe the circumstances in which the appointment of a principal certifier may be revoked or changed by the Registration Secretary, and

(h) despite paragraph (c), prescribe circumstances in which a principal certifier may refuse appointment, and

(i) provide for any other matter that is ancillary to the scheme under this subsection.

(5) This section does not apply to Crown building work that is certified under this Part to comply with the Building Code of Australia .