New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 6.28

6.28 Crown subdivision, building, demolition and incidental work

(cf previous s 109R)

(1) In the case of a subdivision carried out by the Crown, a reference in this Part to a certifier in relation to that subdivision includes a reference to a person acting on behalf of the Crown.

(2) Crown building work cannot be commenced unless the Crown building work is certified by or on behalf of the Crown to comply with the Building Code of Australia in force as at--

(a) the date of the invitation for tenders to carry out the Crown building work, or

(b) in the absence of tenders, the date on which the Crown building work commences, except as provided by this section.

(3) A Minister may at any time, by Ministerial planning order, determine in relation to buildings generally or a specified building or buildings of a specified class that a specified provision of the Building Code of Australia --

(a) does not apply, or

(b) does apply, but with such exceptions and modifications as may be specified.

The determination has effect according to its tenor.

(4) A determination of a Minister applies only to--

(a) a building erected on behalf of the Minister, or

(b) a building erected by or on behalf of a person appointed, constituted or regulated by or under an Act administered by the Minister.

(5) The application of this section is subject to the regulations.